Acórdão nº 063281 de Supremo Tribunal de Justiça (Portugal), 28 de Junho de 1993 (caso NULL)
| Magistrado Responsável | TEIXEIRA DO CARMO |
| Data da Resolução | 28 de Junho de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
LegislaÁ„o Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART25 N1 ART36 N1 A. CPP87 ART358 ART359 ART403 N3 ART410 N2 A B C N3 ART426 ART433 ART436. L 43/86 DE 1986/09/26 ART2 N2 N4. CP82 ART2 N4 ART72 ART260. DL 15/93 DE 1993/01/22 ART21 N1 ART40 N1 N2 ART64 N2 ART74 ART75 A.
Sum·rio : I - N„o È legÌtimo falar-se em "Ûnus da prova" da acusaÁ„o, pois que num processo como o penal, dominado pelo princÌpio da verdade material, È ao juiz que compete investigar e esclarecer oficiosamente os factos, sendo a acusatoriedade temperada com o princÌpio da investigaÁ„o judicial. II - … elemento essencial da infracÁ„o prevista no artigo 25, n. 1 do Decreto-Lei 430/83, "a finalidade exclusiva"...
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