Acórdão nº 036443 de Supremo Tribunal de Justiça (Portugal), 20 de Janeiro de 1982 (caso NULL)
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 20 de Janeiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP886 ART360 N3. CPP29 ART446 PARUNICO ART447 PAR2 ART448 ART495.
Sumário : I - A actividade cognitiva do juiz esta limitada e condicionada pela acusação - "judex ne procedat ex officio". II - Excepcionalmente, porem, podem ser tomados em conta factos novos: desde que sejam alegados pela defesa ou resultem da discussão da causa, se, neste ultimo caso, tiverem por efeito diminuir a pena (artigo 446, paragrafo unico, e 448, ambos do Codigo de Processo Penal); ou se trate de circunstancias agravantes da reincidencia e da sucessão de crimes (paragrafo 2 do artigo 447 do citado Codigo). III - No que concerne ao primeiro grupo de excepções, importa, porem, que os factos novos não impliquem uma imputação completamente distinta, de maneira a que o beneficio da diminuição da pena não se traduza na anulação da tactica defensiva do reu. IV - Os factos novos que representem uma simples modificação...
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