Acórdão nº 037980 de Supremo Tribunal de Justiça (Portugal), 13 de Novembro de 1985 (caso NULL)
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 13 de Novembro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART536 ART666. CP886 ART23 N4 ART29 N3 ART104 N2 ART106 PARÚNICO ART123 ART421 N4. CP82 ART2 N4 ART73 N2 D ART329 N1. L 17/82 DE 1982/07/02 ART5 N1 A B N4.
Sumário : I - O Supremo Tribunal de Justiça apenas pode conhecer da matéria de direito, sendo-lhe vedado intrometer-se na fixação dos factos materiais da causa que, por isso, têm de ser considerados como assentes (artigos 536 e 666, in fine, do Código de Processo Penal, de 1929). II - Segundo o disposto no artigo 2, n. 4 do Código Penal de 1982, quando as disposições penais vigentes no momento da prática do facto punível foram diferentes das estabelecidas em leis posteriores, será sempre aplicado o regime que, concretamente, se mostra mais favorável ao agente, salvo se este já tiver sido condenado por sentença transitada em julgado. III - Para a...
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