Acórdão nº 9120575 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1991
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 20 de Novembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP29 ART354 PAR1 PAR2 ART446 ART450 N3 ART98 ART100. CP82 ART72.
Jurisprudência Nacional: AC STJ DE 1960/02/03 IN BMJ N94 PAG113. AC STJ DE 1963/07/24 IN BMJ N129 PAG334.
Sumário: 1- Se o certificado do registo criminal do arguido, apesar de requisitado, não foi junto e se isso não afectou a decisão da causa, pois ate se provou que ele "tem comportamento dentro dos padrões de normalidade", não ocorre nulidade insanavel. Como mera irregularidade, havia de ter sido arguida nos termos do Art. 100, do C.P.P. 29, o que, no caso, não aconteceu. 2- Tendo o arguido alegado na contestação que e "delinquente primario", que tem "bom comportamento anterior e posterior aos factos" e que e "pobre, humilde, com boa formação moral", e constando da sentença que se...
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