Acórdão nº 037169 de Supremo Tribunal de Justiça (Portugal), 10 de Abril de 1984
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 10 de Abril de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART479 PAR1 ART480 ART494 N3 ART498 ART518 ART525. DL 679/75 DE 1975/12/09 ART9 N2 ART10 N1. CPC61 ART712 N2 ART729 N3 ART650 F. CP82 ART4 N2 ART22 ART23 ART73 N1 ART74 N1 A ART131. CP886 ART11 ART34 N21 ART39 N1 N23 ART55 N3 ART94 ART104 N1 ART349 ART350.
Jurisprudência Nacional: AC STJ DE 1977/02/09 IN BMJ N264 PAG119. AC STJ DE 1959/10/07 IN BMJ N90 PAG395.
Sumário : I - Quando o recurso e interposto apenas do acordão final, nos termos do artigo 525 do Codigo de Processo Penal, o seu ambito não comporta a discussão de questões respeitantes a materia de facto ainda que compreendidas na previsão do artigo 712, n. 2, do mesmo Codigo. II - Não e deficiente para efeitos do disposto no artigo 494, n. 3, do Codigo de Processo Penal o quesito em que se pergunta se o reu "agiu no proposito de matar (...)". III - Mesmo que a pauta de jurados não tenha sido afixada nos termos do artigo 9, n.2, do Decreto- -Lei n. 679/75, tal constitui mera irregularidade extraprocessual que não afecta a constituição do juri, pois que não so na altura do sorteio era licito aos reus exercerem os direitos que lhes são conferidos pelos artigos 479, paragrafo 1, e 480 do Codigo de Processo Penal, como tambem...
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