Acórdão nº 9240405 de Court of Appeal of Porto (Portugal), 08 de Julho de 1992
Magistrado Responsável | HERNANI ESTEVES |
Data da Resolução | 08 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART164 N1 ART165 N1. CPP87 ART358 ART359 N2 ART410 N2 A B N3 ART379 B.
Jurisprudência Nacional: AC STJ DE 1991/01/16 IN CJ T1 ANOXVI PAG5.
Sumário: I - É nula a sentença que condena por factos diversos dos da acusação, ainda que baseada nesta, sem se ter cumprido o artigo 359, nº 2, do Código de Processo Penal, conforme o artigo 379, alínea b), do Código de Processo Penal; II - Tendo o Ministério Público e a assistente deduzido acusação contra certo arguido, imputando-lhe a prática de um crime previsto e punido pelo nº 1 do artigo 165, do Código Penal, e condenando o juiz o mesmo arguido por um crime previsto e punido pelo artigo 164, do Código Penal, tal sentença fica afectada de nulidade, nos termos da conclusão I.; III - A diferença essencial entre os crimes de difamação e injúria consiste no facto de que as expressões injuriosas sejam dirigidas ao ofendido e na sua presença ou na ausência...
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