Acórdão nº 043386 de Supremo Tribunal de Justiça (Portugal), 11 de Fevereiro de 1993 (caso NULL)
| Magistrado Responsável | GUERRA PIRES |
| Data da Resolução | 11 de Fevereiro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART43 ART72 ART78 ART144 N2 ART152 N1 A. CPP87 ART1 F ART127 ART359 N1 ART368 N2 ART410 N2 A ART433.
Sumário : I - Não é a discrepância entre uma versão apresentada pelo Ministério Público e o juízo do tribunal sobre os factos relativos que preenche o conceito de erro notório, uma vez que, apreciada a prova no seu conjunto, bem pode o tribunal assentar na existência de uma realidade diferente daquela que a acusação trouxe ao processo. II - A alteração substancial dos factos descritos na acusação ou na pronúncia só pode ser aceite pelo tribunal para efeito de condenação no processo em curso se o Ministério...
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