Acórdão nº 9340662 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1993
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 02 de Dezembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CRIM - C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP87 ART426 ART431 ART410 N2 A ART403. CP82 ART48. CE54 ART59 B PARTE FINAL.
Jurisprudência Nacional: ASS STJ DE 1992/05/06 IN DR IS-A 1992/08/06.
Sumário: I - A nulidade da sentença por falta de fundamentação não pode ser conhecida em recurso se não faz parte das razões discordantes do recorrente, uma vez que se não trata de nulidade insanável - Assento do Supremo Tribunal de Justiça, de 06/05/92, in Diário da República I Série-A, de 06/08/92; II - Mostrando-se, no recurso, o arguido-recorrente de acordo com a matéria de facto e respectiva qualificação jurídica e discordando apenas da pena, é deslocado, em 2ª instância, levantar questões que apenas digam respeito à culpabilidade, como seja o facto de o juiz, na sentença, não referir factos donde se extraia a não adequação da velocidade às condições do piso molhado em que...
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