Acórdão nº 042281 de Supremo Tribunal de Justiça (Portugal), 19 de Fevereiro de 1992 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 19 de Fevereiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART27 C G ART28 ART31 N2. CP82 ART26 ART27 ART72 ART287. CPP87 ART1 F ART60 ART61 ART64 ART119 ART121 ART127 ART129 ART138 N3 ART353 ART356 N7 N8 ART357 ART358 ART359 ART374 N2 ART379 ART410 N3 ART412 N1.
Sumário : I - Improcede nessa parte, o recurso que vem arguir nulidades praticadas na instância e que lá improcederam uma vez que não ocorre nenhuma das nulidades por falta de requisitos do artigo 379, com referência ao artigo 374 do Código de Processo Penal. II - Não se tratando, no recurso, de qualquer situação que seja reconduzível ao preceituado no artigo 119 do Código de Processo Penal (nulidades insanáveis), e não se havendo interposto recurso da decisão que afastou a inexistência das nulidades então arguidas, estas consideram-se sanadas. III - A alteração substancial dos factos de que fala a alínea f) do artigo 1 do Código de Processo Penal é aquela que tem por efeito a imputação ao arguido de um crime diverso ou a agravação dos limites máximos das sanções aplicáveis. IV - Para que haja alteração não substancial dos...
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