Acórdão nº 036044 de Supremo Tribunal Administrativo (Portugal), 07 de Janeiro de 1981 (caso None)
Data | 07 Janeiro 1981 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL. DIR PROC CIV. DIR JUDIC - ORG COMP TRIB.
LegislaÁ„o Nacional: CP886 ART34 N18 N19 N26 N28 ART39 N18 ART84 ART95 ART349. CPP29 ART34 PAR2 ART98 ART100 ART457 ART492 ART493 ART494 ART502 ART505 PAR1 ART520. CPC67 ART514 N1 ART666 N2. L 82/77 DE 1977/12/06 ART53 N2. DL 605/75 DE 1975/11/03.
JurisprudÍncia Nacional: AC STJ DE 1962/02/07 IN BMJ N114 PAG309.
Sum·rio : I - Nos termos do artigo 492 do Codigo de Processo Penal, a leitura dos quesitos e obrigatoria. Porem, a falta de tal leitura n„o constitui nenhuma das nulidades previstas no artigo 98, tratando-se antes de mera irregularidade enquadravel no artigo 100, ambos do mesmo Codigo, que, como tal, fica sanada se n„o for arguida no proprio acto. II - Com a quesitaÁ„o do fim ou motivos que determinaram o agente, o artigo 494 do Codigo de Processo Penal visa os casos de dolo especifico, ou seja, aqueles casos em que os motivos ou fins fazem parte do elemento subjectivo da infracÁ„o. III - O dano resultante da perda de uma vida humana e um facto notorio. Como tal, nos termos do artigo 514, n. 1, do Codigo de Processo Civil, aplicavel ao processo penal ex vi do paragrafo unico do artigo 1 do respectivo Codigo, n„o carece de prova nem de alegaÁ„o. IV - Pelo n. 2 do artigo 53 da Lei n. 82/77, de 6 de Dezembro, o juri passou a intervir apenas no julgamento da materia de facto. Sendo assim, ja n„o se justifica a...
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