Acórdão nº 96P1312 de Supremo Tribunal Administrativo (Portugal), 05 de Março de 1997 (caso None)
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 05 de Março de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: EDUARDO CORREIA IN RLJ ANO114 PAG365.
Área Temática: DIR PROC PENAL. DIR CONST - DIR FUND. DIR CRIM - CRIM C/PESSOAS / CRIM C/ESTADO.
Legislação Nacional: CPP87 ART1 J ART120 ART127 ART284 N1 ART303 N3 ART309 N2 ART358 ART359 N1 N2 ART379 ART410 N1 C N2 A ART420 N2 ART433. CONST82 ART32 N1. CPP29 ART447. CP82 ART131 ART132 N2 F J ART275.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN DR IS-A DE 1993/03/10. AC TC 279/95 IN DR IIS DE 1995/07/28. AC STJ PROC47751 DE 1995/04/05. AC STJ 4/95 DE 1995/06/07 IN DR IS DE 1995/07/06. AC STJ PROC43146 DE 1993/02/11.
Sumário : I - Acórdão de fixação de jusrisprudência n. 2/93 de 27 de Janeiro de 1993, determinou que não constitui alteração substancial dos factos descritos na acusação ou na pronúncia, a simples alteração da respectiva qualificação jurídica (ou convolação), ainda que se traduza na submissão de tais factos a uma figura criminal mais grave. II - O Acórdão do Tribunal Constitucional n. 279/95 (DR, II Série, de 28 de Julho de 1995) considerou inconstitucional o Assento, mas tão só na medida em que não se prevê que o arguido seja...
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