Acórdão nº 045780 de Supremo Tribunal de Justiça (Portugal), 03 de Fevereiro de 1994 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 03 de Fevereiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPP87 ART127 ART133 ART140 ART160 ART163 ART348 ART358 N2 ART370 N1 N2 ART410 ART433. CP82 ART8 ART9 ART26 ART72 ART201 N2. DL 401/82 DE 1982/09/23.
Sumário : I - De harmonia com os comandos dos artigos 410 e 433 do Código de Processo Penal, não pode o Supremo Tribunal de Justiça apreciar ou modificar a matéria de facto dada como provada e tão somente verificar se, da decisão recorrida decorre que o tribunal de 1. instância incorreu ou não nos seguintes vícios: erro notório na apreciação da prova, contradição insanável da fundamentação, insuficiência da matéria provada para a decisão. II - O arguido ou o co-arguido não pode ser ouvido como testemunha enquanto mantiver essa qualidade no processo, dado que a sua audição tem de ser feita sob forma de declarações do arguido, sem obrigatoriedade de as prestar, ao invés das testemunhas. III - É jurisprudência assente do Supremo Tribunal de Justiça que a violência gratuita, desnecessária e excessiva para a prática da cópula contra a vontade da pessoa ofendida, se...
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