Acórdão nº 96P759 de Supremo Tribunal de Justiça (Portugal), 29 de Janeiro de 1997 (caso NULL)
Magistrado Responsável | MARIANO PEREIRA |
Data da Resolução | 29 de Janeiro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: ANULADO O JULGAMENTO.
¡rea Tem·tica: DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: CPP87 ART374 N2 ART379 N3 ART410 N2 N3 ART431.
JurisprudÍncia Nacional: AC RL DE 1993/01/19 IN CJ ANOXVIII T1 PAG153.
Sum·rio : I - A nulidade da sentenÁa a que alude a alÌnea a) do artigo 379, do CPP, n„o È uma situaÁ„o de reenvio do processo a que alude o artigo 431, deste CÛdigo. II - Por isso, o tribunal competente - quando o Tribunal da RelaÁ„o declara nula uma sentenÁa, ordenando que se elabore uma nova que contenha os factos provados e n„o provados, apÛs a realizaÁ„o de novo julgamento, se tal for necess·rio - È o tribunal...
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