Acórdão nº 96P156 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1996
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 15 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART122 N1 ART126 N2 C ART410 N2 N3 ART433. DL 15/93 DE 1993/01/22 ART21 ART24 C.
Sumário : I - Não tendo o recorrente suscitado a questão da nulidade da prova no decurso do julgamento, só o vindo a fazer agora nas alegações do recurso, dizendo que foi vítima de uma armadilha da Polícia Judiciária, que houve provocação por parte desta ao crime, não pode o Supremo Tribunal de Justiça conhecer de tal nulidade não só porque o conhecimento desta escapa ao seu conhecimento como, fundamentalmente, a nulidade em causa não se pode concluir pelos elementos da fundamentação da decisão uma vez que desta não se pode extrair que os factos provados o hajam sido em virtude da utilização de qualquer meio de prova que haja de considerar-se proíbido. II - Provado que o arguido destinava o produto que a...
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