Acórdão nº 0310474 de Court of Appeal of Porto (Portugal), 19 de Dezembro de 1990
| Magistrado Responsável | LUIS VALE |
| Data da Resolução | 19 de Dezembro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP87 ART311 ART359. CP82 ART144 N2.
Jurisprudência Nacional: AC STJ DE 1987/02/11 IN BMJ N364 PAG511. AC STJ DE 1989/04/12 IN CJ ANOXIV T3 PAG6. AC STJ DE 1986/07/23 IN BMJ N359 PAG395. AC RC DE 1989/11/29 IN CJ ANOXIV T5 PAG73. AC RE DE 1989/11/07 IN CJ ANOXIV T5 PAG277.
Sumário: I - Não constitui alteração substancial ou não dos factos da acusação a diferente qualificação jurídica que deles faça o juiz no despacho aludido no artigo 311 do Código de Processo Penal. II - Uma enxada só é de considerar meio particularmente perigoso se na agressão for usada a parte metálica. III - Alegando-se na acusação que a agressão foi levada a cabo com o cabo da enxada e dando-se como provado na sentença que tal agressão se verificou com o "olho" da enxada, qualificando-se o crime como sendo o do artigo 144, n. 2 do Código Penal em divergência da acusação que...
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