Acórdão nº 9050863 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1991
| Magistrado Responsável | SOUSA GUEDES |
| Data da Resolução | 06 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 N1 PAR2 ART99 ART351.
Jurisprudência Nacional: AC RP DE 1976/11/24 IN CJ ANOI T3 PAG705. AC STJ DE 1984/12/19 IN BMJ N342 PAG311.
Sumário: I - No domínio do Código de Processo Penal de 1929, de harmonia com o disposto no seu artigo 351, se o juiz entender que se provam factos diversos dos apontados pelo Ministério Público, de que resulte uma alteração substancial da acusação, assim o declarará em despacho fundamentado, ordenando que o processo lhe volte com vista para poder deduzir acusação. II - Deve entender-se que se verifica alteração substancial da acusação sempre que as infracções nesta referidas e no despacho de pronúncia são diversas ou sempre...
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