Acórdão nº 041499 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1991 (caso None)
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 16 de Janeiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL.
LegislaÁ„o Nacional: CPP29 ART29 ART494 ART663 ART666. DL 38/87 DE 1987/12/23 ART29. CPC67 ART712 N1 N2. CP82 ART72 ART296 ART297 N1 N2 C D H ART299.
Sum·rio : I - E a RelaÁ„o que compete fixar definitivamente a materia de facto, competindo ao Supremo Tribunal de JustiÁa somente o reexame da materia juridica e a consequente aplicaÁ„o do direito aos factos, nos termos do artigo 666 do Codigo de Processo Civil e 29 da Lei n. 38/87, de 23 de Dezembro. II - Se responderem diversos reus e for interposto recurso da decis„o final apenas por um deles o tribunal de recurso conhecera da causa em relaÁ„o a todos os reus que foram co-autores do crime cometido pelo recorrente, e so deste. III - Ao organizar o questionario deve o juiz seleccionar a materia de facto operante, abstendo-se de quesitar tudo o que foi articulado e que n„o seja relevante para a decis„o de merito. IV - Limitando-se o arguido, na contestaÁ„o, a negar a pratica da materialidade factica que lhe era imputada e estando...
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