Acórdão nº 048834 de Supremo Tribunal de Justiça (Portugal), 06 de Março de 1996 (caso NULL)
Data | 06 Março 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND. DIR CIV - DIR OBG.
Legislação Nacional: CONST92 ART32 N1 N2. CPP87 ART340 N1 AT403 N1 ART410 N2 A ART412 N1 N2 ART426 ART436. DL 48051 DE 1967/11/21 ART1 ART2 ART6. CPP87 ART119 E ART311 N1 ART340 N1 ART403 N1 ART410 N2 ART412 N1 N2 ART426 ART436. ETAF84 ART51 N1 H N3. CCIV66 ART483 N1 ART487 N1 N2 ART500 N1.
Sumário : I - O fundamento a que se refere a alínea a) do n. 2 do artigo 410 do CPP é a insuficiência da matéria de facto para a decisão de direito. E presumindo-se todo o arguido é inocente até ao trânsito em julgado da sentença de condenação - artigo 32 n. 2 da CRP - não se havendo provado os elementos constitutivos dos crimes de dano imputados ao arguido, a matéria de facto é suficiente para a sua absolvição penal. II - O princípio da investigação ou da verdade material desenvolve-se no âmbito do objecto do processo, delimitado pela acusação ou pronúncia. Não tem por finalidade apurar quem afinal era a pessoa ou pessoas penalmente responsáveis, desde que não acusadas ou pronunciadas. De outro modo, por-se-iam em causa os princípios do acusatório e contraditório. III - A incompetência do tribunal é por este reconhecida e declarada oficiosamente até ao trânsito em julgado da decisão final. Só...
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