Acórdão nº 041137 de Supremo Tribunal de Justiça (Portugal), 26 de Junho de 1991 (caso NULL)
Magistrado Responsável | FERNANDO SEQUEIRA |
Data da Resolução | 26 de Junho de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART131 ART260. CPP87 ART4 ART120 N2 D ART343 N1 ART355 ART356 N2 ART357 N1 B.
Sumário : I - De acordo com o disposto no artigo 355 do Codigo de Processo Penal, as provas com o valor para a formação da convicção do tribunal, visando a protecção das garantias da defesa, são apenas e so, salvo rarissimas e apertadas excepções, as produzidas em julgamento, dai que a acusação deva ter todo o cuidado para que no julgamento sejam apresentadas todas as provas, sob pena de não terem valor probatorio. II - Nos termos dos artigos 343 e 134, n. 1 alinea a) do Codigo de Processo Penal, o arguido e seus descendentes e ascendentes podem recusar-se a prestar declarações, sem que tal silencio e recusa possam desfavorecer aquele arguido. III - Não e de admitir a leitura, na audiencia de julgamento, das declarações anteriormente prestadas pelo arguido, nos termos do artigo 357, n. 1, alinea b) do Codigo de Processo Penal, se ele na audiencia se recusou a prestar declarações, por tal comportamento não poder qualificar-se de contradição, nem esta...
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