Acórdão nº 040262 de Supremo Tribunal de Justiça (Portugal), 22 de Novembro de 1989 (caso NULL)
Data | 22 Novembro 1989 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP886 ART104 ART331 N2 ART332 ART361 PARÚNICO ART400 ART432 ART434 PAR2 ART440. CPP29 ART447 ART448 ART647 PAR1 ART664 ART667 PAR1 N1 N2. L 1-M/78 DE 1978/02/04 ART18 N1. L 243/81 DE 1981/08/20.
Sumário : I - Porque o recurso obrigatório do Ministério Público (parágrafo 1 do artigo 647 do Código de Processo Penal de 1929) não é interposto, no interesse exclusivo do réu, pode o tribunal superior agravar oficiosamente as penas. II - Aliás sempre o pode fazer, quando se basear numa diferente qualificação jurídica dos factos. III - Se a agravação da pena, pelo tribunal de recurso, resultar da diferente qualificação dos factos, a falta de notificação ao recorrente do...
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