Acórdão nº 9230421 de Court of Appeal of Porto (Portugal), 19 de Maio de 1993
Magistrado Responsável | COSTA DE MORAIS |
Data da Resolução | 19 de Maio de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO. REENVIO DO PROCESSO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART358 N1 ART379 B ART426 ART431.
Sumário: I - Verifica-se alteração não substancial dos factos descritos na acusação se, enquanto nesta se diz que o arguido agrediu nas costas o ofendido utilizando uma faca de dimensões e características não apuradas e que o ofendido sofreu lesões que determinaram dez dias de doença com impossibilidade para o trabalho, na sentença se diz ter-se apurado que o instrumento utilizado foi um busca-polos com certas características e que as lesões sofridas pelo ofendido lhe determinaram incapacidade para o trabalho durante dois meses e meio; II - Nestas circustâncias, o juiz deve dar cumprimento ao artigo 358, nº 1 do Código de Processo Penal e, se o não fizer, a sentença é nula face ao disposto no artigo 379, alínea b) do mesmo Código; III - Dizendo a sentença que se provou que o ofendido esteve, em razão da agressão, dois meses e meio incapacitado de trabalhar, mas que a doença apenas se...
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