Acórdão nº 042935 de Supremo Tribunal Administrativo (Portugal), 23 de Setembro de 1992 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 23 de Setembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART4 ART410 N2 ART426 ART435. CPC67 ART127 ART655 N1. CP82 ART20 ART72 ART131 N1 N2 G.
Sumário : I - Ao Supremo Tribunal de Justiça, em via de recurso, cumpre exclusivamente reexaminar a matéria de direito, mas isto sem prejuízo do preceituado no artigo 410, n. 2 do Código de Processo Penal, que indica três casos em que poderá conhecer matéria de facto, desde que os vícios verificados constem da decisão recorrida, por si só ou conjugada com regras da experiência, sem, contudo, se poder socorrer de elementos estranhos, ainda que constantes do processo. II - A liberdade de apreciação da prova consagrada no artigo 127 do Código de Processo Penal, não é poder arbitrário na sua apreciação, não podendo, contudo, o tribunal actuar à margem ou contra as regras da experiência ou a convicção que tiver junto, face às provas que perante si forem exibidas. III - Qualquer contradição que ocorra na matéria fáctica, mesmo numa contradição insanável, só impõe o reenvio do processo nos termos dos artigos 426 e 435 do Código de Processo Penal, quando o vício for de tal ordem que, enquanto o mesmo subsistia, não for possível decidir a causa. IV - As deficiências mentais do arguido apenas colocam numa...
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