Acórdão nº 041924 de Supremo Tribunal de Justiça (Portugal), 10 de Outubro de 1991 (caso NULL)
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 10 de Outubro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART163 ART374 ART379.
Sumário : I - A falta de indicação pelo Tribunal Colectivo da materia de facto que considerou não provada, integra nulidade de acordão (artigos 374 e 379 do Codigo de Processo Penal) quando respeite a factos relevantes para a qualificação juridico-criminal da conduta atribuida ao arguido, que tenham sido descritos na acusação ou na pronuncia, ou constantes da contestação ou ainda quando se conexione com elementos probatorios igualmente relevantes. II - Constando do processo elementos sobre o psiquismo do arguido apresentados na contestação deste, mencionados pela sua mulher de quem se encontra separado de facto (mas a casa da qual foi apos ter...
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