Acórdão nº 041538 de Supremo Tribunal Administrativo (Portugal), 20 de Fevereiro de 1991 (caso None)
Magistrado Responsável | CERQUEIRA VAHIA |
Data da Resolução | 20 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPC67 ART364. CPP87 ART318 ART330 N1 ART348 ART355 ART356 N1 A ART410 N2 C ART426 ART433. CONST82 ART32 N2 N5.
Sumário : I - Sendo a acta de audiencia de julgamento um documento autentico que constitui, nos termos do artigo 364 do Codigo Civil, prova plena e insubstituivel do que no julgamento se passou, não pode ser tida em conta pela decisão recorrida, como realmente tomou, as declarações de uma testemunha que não esteve presente na audiencia de julgamento nem ali foram lidas as declarações prestadas como testemunha no tribunal de comarca atraves de deprecada (artigos 355 e 356 n. 1, alinea a) do Codigo de Processo Penal, com referencia ao artigo 318 do mesmo diploma). II - Alem disso, ha nulidade insanavel da audição deprecada da aludida testemunha, cominada pelo artigo 330 n. 1 do Codigo de Processo Penal, por força do artigo 318 n. 4 do mesmo Codigo, uma vez que o defensor oficioso do arguido não foi...
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