Acórdão nº 97P1120 de Supremo Tribunal de Justiça (Portugal), 12 de Fevereiro de 1998 (caso NULL)
| Magistrado Responsável | HUGO LOPES |
| Data da Resolução | 12 de Fevereiro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP95 ART109 N1 ART131 ART132 N2 C ART143 ART275 N2. CPP87 ART127 ART163 N1 ART291 N1 N2 ART340 N1 N3 A.
Jurisprudência Nacional: AC STJ DE 1997/02/06 IN DR IS-A DE 1997/03/06. AC STJ PROC10/97 DE 1997/04/30.
Sumário : I - O juiz de instrução deve indeferir os actos requeridos que não interessem à instrução ou que sirvam apenas para protelar o andamento do processo. II - O Tribunal Colectivo apenas tem que ordenar a produção de meios de prova cujo conhecimento se lhe afigure necessário à descoberta da verdade e à boa decisão da causa, cabendo-lhe indeferir qualquer requerimento de prova se for notório que a prova requerida é irrelevante ou supérflua. III - A presunção médico-legal de intenção ou não de matar não constitui juízo técnico ou científico que se imponha ao julgador...
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