Acórdão nº 9610948 de Supremo Tribunal Administrativo (Portugal), 17 de Setembro de 1997 (caso None)
| Magistrado Responsável | MATOS MANSO |
| Data da Resolução | 17 de Setembro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART1 N1 F ART303 N1 N3.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN DR IS-A 1993/03/10.
Sumário: I - O princípio acusatório que informa o processo penal impõe que o thema probandum ac decidendum na instrução seja delimitado pela acusação ou pelo requerimento de abertura de instrução, não podendo o juiz de instrução, na averiguação dos factos e na decisão instrutória, extravasar, salvo o caso de alteração não substancial, a factualidade definida por tais peças...
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