Acórdão nº 040969 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1990 (caso None)
| Magistrado Responsável | FERREIRA DIAS |
| Data da Resolução | 03 de Outubro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART14 ART22 ART23 ART131 ART132 N1 N2 C J ART143 A C. CPP87 ART410 N2 A ART426 ART436.
Jurisprudência Nacional: AC STJ PROC36951 DE 1983/05/04. AC STJ DE 1985/04/17 IN BMJ N346 PAG190. AC STJ DE 1985/07/11 IN BMJ N348 PAG273.
Sumário : Verifica-se insuficiencia para a decisão da materia de facto provada, prevista no artigo 410 n. 2, alinea a) do Codigo de Processo Penal se: a) No acordão final apenas se apura a existencia de dolo directo, descurando-se a verificação de dolo necessario e eventual, apontando a acusação para o crime de homicidio voluntario tentado. b)...
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