Acórdão nº 041292 de Supremo Tribunal Administrativo (Portugal), 05 de Dezembro de 1990 (caso None)
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 05 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: MAIA GONÇALVES IN CODIGO DE PROCESSO PENAL ANOTADO PAG481 PAG503. MAIA GONÇALVES IN CODIGO PENAL ANOTADO PAG119.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART76 ART77. CPP87 ART1 F ART120 N3 ART358 ART359 ART379 B. CPP29 ART447 PAR2. DL 430/83 DE 1983/12/13 N1 ART25.
Jurisprudência Nacional: AC RC DE 1989/11/29 IN CJ T5 PAG73. AC STJ DE 1989/10/04 IN CJ T4 PAG11.
Sumário : I - O artigo 359 do Codigo de Processo Penal proibe a alteração substancial dos factos descritos na acusação ou na pronuncia para assegurar os direitos de contrariedade e de defesa do arguido. II - O Tribunal e porem livre de condenar por infracção diversa, ainda que mais grave, desde que os seus elementos constitutivos sejam factos que ja constassem do despacho de pronuncia ou equivalente (artigo 447 do Codigo de Processo Penal). III - A reincidencia não pode ser verificada automaticamente, sendo necessaria a prova de que a condenação ou condenações anteriores não constituiram suficiente prevenção para que o arguido não voltasse a delinquir. IV - Como a reincidencia não implica nos seus efeitos a alteração dos limites maximos da...
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