Acórdão nº 9420317 de Court of Appeal of Porto (Portugal), 11 de Maio de 1994
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 11 de Maio de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: ISASCA, ALTERAÇÃO SUBSTANCIAL DOS FACTOS, PAG203.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP87 ART15 ART78 N1 N2 ART14 N2 ART16 N2 C ART142 ART143 C ART145 N2 ART359 N1 N2 ART1 F.
Sumário: I - É entendimento prevalente na Relação do Porto o de que, na hipótese de cumulação de crimes, é a soma das punições abstractas que a cada um cabem a que deverá atender-se para determinar se tal processo tem de correr perante o tribunal singular, ou perante o tribunal colectivo. II - Sendo assim - artigos 15 do Código de Processo Penal e 78, ns. 1 e 2 do Código Penal, - se se prova que o arguido cometeu, em acumulação real o crime previsto e punido pelo artigo 142 do Código Penal e ainda o previsto e punido pelo artigo 143, alínea b) do citado Código, o tribunal singular não é competente para conhecer da referida acumulação real e nem sequer para proceder ao julgamento autónomo do crime de ofensas corporais graves - artigos 14, n. 2, alínea b) e 16, n. 2, alínea c) do Código de Processo Penal. III - Se o Ministério Público acusa um arguido de ter cometido um crime de ofensas corporais agravadas pelo resultado - artigo 145, n. 2 do Código Penal, com referência aos artigos 142, n. 1 e 143, alínea c) do Código Penal -, mas se, antes se provar, que o arguido, cometeu, num dia, o crime previsto e punido pelo artigo 142 e no dia seguinte um crime previsto e punido pelo artigo 143, alínea c) na pessoa do mesmo ofendido, isso constitui alteração substancial dos factos tal como a define a alínea f) do artigo 1 do Código de Processo Penal. IV - Nessas circunstâncias, o comportamento a adoptar pelo juiz não é o de absolver o arguido da instância, mas antes o de proferir sentença a condenar o arguido pela...
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