Acórdão nº 9310760 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1993
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 02 de Dezembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART142 ART156 N1 N3. CPP87 ART311 N2 A.
Jurisprudência Nacional: AC STJ DE 1989/05/10 IN CJ ANOXIV T3 PAG82. ASS STJ DE 1993/02/17 IN DR IS-A 1993/03/26.
Sumário: I - A acusação só é manifestamente infundada quando, por forma clara e evidente, é desprovida de fundamento, seja por ausência de factos que a suportem, seja porque os mesmos não são subsumíveis a qualquer norma jurídico-penal, constituindo a designação de julgamento flagrante violência e injustiça para o arguido; II - Sendo assim, não é manifestamente infundada, a acusação em que o Ministério Público e o assistente acusam o arguido de, num local aberto ao público - agência de viagens - por se desentender com a assistente, ao mesmo tempo que lhe ordena...
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