Acórdão nº 036854 de Supremo Tribunal de Justiça (Portugal), 02 de Fevereiro de 1983 (caso NULL)
Magistrado Responsável | COSTA FERREIRA |
Data da Resolução | 02 de Fevereiro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CPP29 ART649. CPC67 ART445 ART523 ART524 ART706. DL 198-A/75 DE 1975/04/14 ART8. DL 294/77 DE 1977/07/20 ART16 ART18. CP82 ART311 ART6 N1 N2. DL 24/81 DE 1981/08/24.
Sumário : I - Em processo penal vigoram, quanto aos recursos, as regras do processo civil (por força do artigo 649 do respectivo Codigo) e, portanto, o disposto nos preceitos combinados dos artigos 706, 523 e 524 do Codigo de Processo Civil, pelo que a junção de documentos, com a alegação de recurso, so e admissivel se satisfizerem os requisitos exigidos em tais dispositivos legais. Assim, tratando-se de documentos cujo conteudo não completa nem põe em causa a materia de facto averiguada e fixada pelas instancias, sem interesse para o julgamento e consequente decisão a proferir, não se justifica a sua manutenção no processo, devendo ser ordenado o seu desentranhamento e entrega aos apresentantes. II - Não obstante a revogação do Decreto-Lei n. 198-A/75, de 14 de Abril, pelo Decreto-Lei n. 294/77, de 20 de Julho (artigo 18), o comportamento descrito e punido, pelo artigo 8 daquele diploma continuou a ser punido, e nos mesmos termos, pelo artigo 16 do referido Decreto-Lei n. 294/77, não havendo lugar a aplicação quer da excepção 1, quer da excepção 2 do artigo 6 do Codigo Penal. III - Dado como provado que os reus sabiam que a ocupação do andar, nos termos em que se iniciou e se manteve, era proibida, não pode pretender-se que procederam sem a consciencia da ilicitude das suas actuações. IV - Com a publicação da Lei n...
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