Acórdão nº 97P1182 de Supremo Tribunal de Justiça (Portugal), 19 de Fevereiro de 1998 (caso NULL)
Magistrado Responsável | HUGO LOPES |
Data da Resolução | 19 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART22 ART23 ART30 ART71 N1 N2 ART72 ART73 N1 N2 ART78 N1 N2 ART131. CPP87 ART119 C ART330 N1 ART332 N1 N5 N6 ART358 N1 ART410 N2 C.
Sumário : I - Não há erro notório na apreciação da prova quando o recorrente ao argui-lo o que ataca é o modo como o tribunal "a quo" formou a sua convicção quanto aos factos provados. II - A alteração não substancial dos factos a que se refere o artigo 358, n. 1, do CPP é uma alteração dos factos provados em relação aos factos imputados ao arguido na acusação ou no despacho de pronúncia, não uma alteração da prova em que se abordam os factos provados, não se verificando tal alteração quando a matéria de facto provada acrescenta alguma coisa à descrita no despacho de pronúncia, simplesmente esse mais representa apenas uma pormenorização da conduta dos arguidos, sem verdadeiro relevo para uma correcta decisão da causa e esta falta de relevância é que constitui o pressuposto da comunicação cuja falta vem questionada. III - Não constitui qualquer nulidade insanável o facto de: A. Não tendo comparecido à audiência de julgamento o advogado constituido por dois arguidos, embora para tal tivesse sido notificado, o Tribunal...
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