Acórdão nº 039856 de Supremo Tribunal de Justiça (Portugal), 04 de Abril de 1991 (caso NULL)
Magistrado Responsável | CERQUEIRA VAHIA |
Data da Resolução | 04 de Abril de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO. ORDENADA A BAIXA DO PROCESSO. PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: L 28/82 DE 1982/11/15 ART80 N1 N2. CPP29 ART518 ART525 ART665 ART668. DL 605/75 DE 1975/11/03 ART9. DL 78/87 DE 1987/02/17 ART7. CONST82 ART32 N1. CPC67 ART668 N1 B.
Jurisprudência Nacional: ASS STJ DE 1934/06/29 IN COL OF N33 PAG194 IN DG 1934/07/11.
Sumário : I - Com as alterações introduzidas nos artigos 518 e 525 do Codigo de Processo Penal de 1929 pelo artigo 9 do decreto-lei n. 605/75 de 3 de Novembro, os tribunais da Relação passaram a conhecer de facto e de direito nos recursos interpostos das decisões proferidas pelos juizes da 1 instancia e das decisões finais dos tribunais colectivos, advindo assim para eles poderes acrescidos de cognição em materia de facto, pelo que a decisão por eles proferida em bases restritivas enferma da nulidade prevista no artigo 668 n. 1 alinea b) do Codigo de Processo Civil por força do artigo 1 unico do Codigo de Processo Penal de 1929. II - Face a...
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