Acórdão nº 96P1045 de Supremo Tribunal Administrativo (Portugal), 19 de Março de 1997 (caso None)
Magistrado Responsável | MARIANO PEREIRA |
Data da Resolução | 19 de Março de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: GASPAR DA SILVA IN CURSO PROC PENAL 3VOL PAG292. SIMAS SANTOS - LEAL HENRIQUES - BORGES PINHO IN CPP ANOTADO 2VOL PAG514-515.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART94 N5 ART123 ART127 ART163 ART164 N1 ART355 ART370 ART410 N1 N2 N3 ART433. CP95 ART71 ART72 ART73 ART158 N1.
Jurisprudência Nacional: AC STJ DE 1987/04/01 IN BMJ N366 PAG245. AC RL DE 1985/05/29 IN CJ ANOX TIII PAG189. AC STJ PROC42274 DE 1992/02/27. AC RP PROC17017 DE 1984/10/03.
Sumário : I - A alínea a) do n. 2 do artigo 410 do CPP não se refere à insuficiência da prova para a matéria de facto que foi dada como provada, questão que se insere no âmbito do princípio da livre apreciação da prova, mas apenas à insuficiência da matéria de facto provada para a decisão de direito. II - A contradição...
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