Acórdão nº 042126 de Supremo Tribunal de Justiça (Portugal), 13 de Novembro de 1991 (caso NULL)
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 13 de Novembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART132 N2 F G. CPP87 ART284 N1 F ART379 B.
Jurisprudência Nacional: AC STJ PROC40665 DE 1990/03/14. AC STJ PROC40392 DE 1989/12/19.
Sumário : I - Segundo o artigo 284 do Código de Processo Penal, o assistente pode também deduzir acusação pelos factos acusados pelo Ministério Público, por parte deles ou por outros que não importem uma alteração substancial daquela. II - Se a acusação particular se traduzir em alteração não substancial, não se verifica qualquer violação, já que é permitida por lei, ficando vedado ao tribunal dela tomar conhecimento no desenvolver do processo, apenas quando se traduz em alteração substancial. III - Alteração substancial é aquela que tem por efeito a imputação ao arguido de um crime diverso ou a agravação dos limites máximos das sanções aplicáveis -...
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