Acórdão nº 97P075 de Supremo Tribunal de Justiça (Portugal), 07 de Maio de 1997 (caso NULL)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 07 de Maio de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART296 ART297 N1 N2 C D. CPP87 ART127 ART171 ART374 N2 ART379 A ART410 N2 N3.
Jurisprudência Nacional: AC STJ DE 1992/05/06 IN DR IS-A DE 1992/08/06. AC STJ DE 1993/12/03.
Sumário : I - Da enumeração referida no n. 2 do artigo 374 do CPP não têm de constar todos os factos constantes da acusação, mas tão só os relevantes para a decisão. II - Tendo o tribunal dado como provado que não foi o arguido o autor do assalto, originando a sua absolvição, são irrelevantes os factos discriminadores dos objectos subtraídos da maneira como houve introdução no estabelecimento assaltado e das condições pessoais do arguido, como os seus antecedentes criminais, e a especial propensão para a prática de furtos. III - O exame pericial da recolha do vestígio...
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