Acórdão nº 041603 de Supremo Tribunal Administrativo (Portugal), 06 de Março de 1991 (caso None)
Magistrado Responsável | FERNANDO SEQUEIRA |
Data da Resolução | 06 de Março de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART98 N1. CONST89 ART32 N1 ART208 N1 ART210 N1. CPC67 ART653 N2. CPP29 ART469 ART571 PAR1 ART665. CP82 ART72 ART313 N1 ART314 C.
Jurisprudência Nacional: AC TC DE 1990/04/19 IN AJ N8 PAG24.
Sumário : I - A falta de fundamentação das respostas aos quesitos, em processo penal, não viola o principio da garantia de defesa, não sendo inconstitucionais os artigos 469 e 665 do Codigo de Processo Penal de 1929, uma vez que o artigo 208, n. 1 da Constituição remeteu para o legislador ordinario o encargo de definir a extenção e o ambito do dever de fundamentação, não decorrendo tal dever do principio da...
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