Acórdão nº 9330405 de Court of Appeal of Porto (Portugal), 30 de Junho de 1993
Data | 30 Junho 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: SOBRE ALTERAÇÃO SUBSTANCIAL DOS FACTOS V. ASS STJ DE 1992/01/27 IN DR IS N58 DE 1992/03/10.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART358 ART359 ART379 B ART1 F. CP82 ART273. DL 28/84 DE 1984/01/20 ART24 N1 C.
Sumário: I - Alteração substancial dos factos é aquela que tem por efeito a imputação ao arguido de um crime diverso ou a agravação dos limites máximos das sanções aplicáveis - cfr. artigo 1, alínea f) do Código de Processo Penal. II - Verificando-se que a acusação imputou ao arguido um crime previsto e punido pelo artigo 273 do Código Penal, mas a sentença condenatória, porque se não deu como provado que os produtos em causa eram susceptíveis de criar perigo para a saúde e integridade física de quem os viesse a consumir, teve o arguido como autor de...
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