Acórdão nº 96P762 de Supremo Tribunal de Justiça (Portugal), 02 de Abril de 1997 (caso NULL)
Magistrado Responsável | PIRES SALPICO |
Data da Resolução | 02 de Abril de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. JULGADA EXTINTA A RESPONSABILIDADE CRIMINAL.
Indicações Eventuais: LUIS OSÓRIO IN CPP PORTUGUÊS VOLIII PAG441. GASTON STEPHANI GEORGES LEVASSEUR E BERNARD BOULOC PROCEDURE PÉNALE PAG35.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART169. CCIV66 ART371. CP82 ART128.
Sumário : I - Nos termos do artigo 169 do CPP, o valor probatório dos documentos autênticos não se afasta do regime do artigo 371 do C.Civil, já que não têm força probatória plena, por poder sempre ser impugnada a sua autenticidade ou veracidade. II - Assim, o documento apenas prova plenamente os factos que foram objecto de acções ou percepções documentados, ou seja, os factos que se referem como praticados pela autoridade ou oficial público respectivo e quanto aos factos que são referidos no documento com base nas percepções da entidade documentadora. III - Por isso, o tribunal pode não aceitar o conteúdo de um instrumento público outorgado e assinado por uma testemunha perante...
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