Acórdão nº 0225124 de Court of Appeal of Porto (Portugal), 30 de Maio de 1990
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 30 de Maio de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CPT87 ART449 N1 D ART451 N1. CP82 ART385 N1 N2. L 38/87 DE 1987/12/23 ART68 Q.
Jurisprudência Nacional: AC RP PROC0466760 DE 1988/03/23.
Sumário: I - Limitando-se o recurso à matéria de direito e não tendo a questão sido colocada até à decisão da 1ª instância, é inoportuno suscitar-se nele a necessidade de perícia psiquiátrica a efectuar ao arguido já que é dado adquirido na matéria de facto que aquele "agiu livre e voluntariamente, bem sabendo da ilicitude da sua conduta". II - A sede própria para suscitar tal questão será, no caso, o tribunal de execução das penas ( artigo 68 alínea q) da Lei nº 38/87, de 23 de Dezembro ), sendo que, com fundamento em inimputabilidade se pode pedir a revisão de sentença no tribunal onde esta foi proferida ( artigos 449 nº 1 alínea d) e 451 nº 1...
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