Acórdão nº 042130 de Supremo Tribunal Administrativo (Portugal), 18 de Dezembro de 1991 (caso None)
Data | 18 Dezembro 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMONIO. DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: CPP87 ART159 ART160 ART163 ART369 ART370 ART371 ART374 N2 ART375 N1 ART410. CP82 ART131 ART132 N1 N2 B C F G ART296 ART297 N1 F N2 B ART304. DL 430/83 DE 1983/12/13 ART36 N1 A. CE54 ART46 N1.
Sum·rio : I - A pericia psicologica obtida atraves do relatorio social n„o e aplicavel o especial regime de forÁa probatoria consignada no artigo 163 do Codigo de Processo Penal, estando antes sujeito as regras gerais da livre apreciaÁ„o da prova, ao contrario do que sucede, por exemplo, com a pericia psiquiatrica (artigo 159 do Codigo de Processo Penal), donde resulta que a omiss„o, na decis„o, dos elementos de facto que daquela constem n„o e enquadravel na nulidade indicada no artigo 374 n. 2 do citado Codigo. II - Dai que a materia constante de tal relatorio so possa ser atendida em recurso na medida em que tenha sido considerada na decis„o final, nos moldes e com os...
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