Acórdão nº 040958 de Supremo Tribunal Administrativo (Portugal), 20 de Junho de 1990 (caso None)
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 20 de Junho de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: CPP29 ART665. CPP87 ART119 ART120 ART127 ART363 ART364 ART374 N2 ART379 A ART410 N2 ART433. CONST82 ART9 B ART13 N1 ART18 N2 ART32 N1 N5 ART205 N2. CP82 ART22 ART23 ART26 ART43 ART48 ART71 ART72 ART74 ART296 ART297 N1 A N2 D H ART330.
Jurisprudência Nacional: AC STJ PROC40457. AC STJ PROC40508.
Sumário : I - Ao permitir utilizar meios tecnicos-idoneos para assegurar a reprodução integral das declarações, não esta no espirito do artigo 363 do Codigo de Processo Penal a sistematica redução a escrito das declarações, o que significaria a preterição do principio da oralidade e seria fonte de delongas que o Codigo quis evitar. II - O artigo 363 do Codigo de Processo Penal não viola os artigos 32, n. 1 e n. 5, 9 B, 13 n. 1, 18 n. 2 e 205 n. 2 da Constituição da Republica, nomeadamente as garantias de defesa em que se inclui a do duplo grau de jurisdição, quando determina que em julgamento de Tribunal Colectivo a prova não pode ser reapreciada em recurso. Para alem do facto de o novo Codigo de Processo Penal ter sido apreciado preventivamente pelo Tribunal Constitucional, o julgamento do Tribunal Colectivo assegura a averiguação da materia de facto com maior precisão do que em julgamento de Juiz singular e reflexamente justifica que a apreciação por parte do tribunal de recurso se circunscreva a limites dentro dos quais esta apreciação tem razão de...
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