Acórdão nº 9710723 de Supremo Tribunal Administrativo (Portugal), 23 de Setembro de 1998 (caso None)
| Magistrado Responsável | MATOS MANSO |
| Data da Resolução | 23 de Setembro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART180 N1 ART181 N1. CPP87 ART1 N1 F ART359 N1 N2 ART379 B.
Sumário: I - Constando da acusação que o arguido dirigiu expressões ofensivas da honra e consideração ao assistente e na sua presença ( subsumíveis à previsão do crime de injúria do artigo 181 n.1 do Código Penal ), mas tendo a sentença considerado provado que o arguido proferiu tais expressões dirigindo-se a um empregado do assistente, embora com a intenção de ofender a este, que não se encontrava presente nessa ocasião, e condenado o arguido pelo crime de difamação do artigo 180 n.1 daquele Código, verifica-se uma alteração substancial dos factos. É nula, pois, a...
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