Acórdão nº 040013 de Supremo Tribunal Administrativo (Portugal), 12 de Julho de 1989 (caso None)
Data | 12 Julho 1989 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CONST - DIR FUND. DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CONST82 ART32. CP82 ART26 ART27 N2 ART28 ART48 ART49 N1 ART72 ART73 ART74 N1 B N2. CPP87 ART119 A ART402 N2 A ART433. L 38/77 DE 1977/12/23 ART50 N2 ART103 N1. DL 430/83 DE 1983/12/13 ART23 - ART25 ART27 G. L 21/85 DE 1985/07/30 ART168. DL 214/88 DE 1988/06/17 ART6 N2 N5 ART10 N1. PORT 446/88 DE 1988/07/08.
Sumário : I - Não tendo sido contenciosamente impugnada a deliberação do Conselho Superior da Magistratura que delega nos presidentes dos tribunais colectivos da Região Autonoma dos Açores a competencia para designar os outros juizes necessarios a constituição daqueles tribunais, e não competindo a Secção Criminal do Supremo Tribunal de Justiça sindicar tal deliberação, a composição do tribunal colectivo efectuada nos termos daquela deliberação não pode considerar-se ilegal. II - Não existindo em direito processual penal o onus da prova formal, nos casos em que e do interesse decisivo do arguido demonstrar ou, pelo menos, invocar um facto que manifestamente o favoreça, por afastar a ilicitude, e que e...
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