Acórdão nº 96P202 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1996
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 15 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART329 N3. CP95 ART231 N2. CPP87 ART355 N1 ART409 N1 ART410 N2 A.
Sumário : I - A proceder a alegação do recorrente de que a matéria de facto provada é insuficiente para gerar a convicção de que ele cometeu os crimes por que foi condenado, não estaríamos perante o vício da insuficiência da matéria de facto para a decisão - artigo 410, n. 2, alínea a), do C.P.P. - mas perante um caso em que se impunha a absolvição por os factos provados não preencherem os elementos constitutivos do crime acusado ou de qualquer outro. II - Resultando da enumeração dos factos provados que o auto de reconhecimento pela ofendida em relação ao arguido dela consta, mas não constando da acta de audiência tal facto, não há, contudo, violação do disposto no artigo 355, n. 1, do C.P.P., tendo vindo a ser entendido não ser necessário que ao exame de autos constantes do próprio processo seja feita expressa referência na acta de audiência. III - O crime de roubo é um crime complexo na medida em que o seu autor viola não só um bem...
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