Acórdão nº 96P694 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1996 (caso NULL)
Magistrado Responsável | SILVA PAIXÃO |
Data da Resolução | 12 de Novembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N1 N3 ART426.
Jurisprudência Nacional: AC STJ DE 1994/07/13 IN CJSTJ ANOII TIII PAG191. AC STJ PROC45987 DE 1994/04/11. AC STJ PROC48655 DE 1996/01/17. AC STJ DE 1993/05/19 IN CJSTJ ANOI TII PAG232. AC STJ PROC46926 DE 1994/09/15. AC STJ PROC46167 DE 1994/11/16. AC STJ PROC46927 DE 1996/01/24. AC STJ PROC73/96 DE 1996/03/28.
Sumário : I - O erro notório da apreciação da prova há-de emergir da própria decisão recorrida, por si ou conjugada com as regras da experiência, sem recurso a quaisquer outros elementos do processo e tem de ser de tal modo evidente que não passe despercebido ao comum dos observadores, sendo detectável, por conseguinte, facilmente, pelo homem médio. II - O erro notório só existe quando se retira de um facto dado como provado "uma conclusão...
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