Acórdão nº 9510196 de Court of Appeal of Porto (Portugal), 26 de Abril de 1995
| Magistrado Responsável | MARQUES SALGUEIRO |
| Data da Resolução | 26 de Abril de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: LUCH ART28 ART29 ART40 ART41. D 13004 DE 1927/01/12 ART23 ART24 N1. DL 454/91 DE 1991/12/28 ART11 N1 A B C. CP82 ART1 N1. CONST92 ART29 N1. CPP87 ART311 N2 ART358 ART359.
Jurisprudência Nacional: ASS STJ N4/93 DE 1993/02/17 IN DR IS-A 1993/03/26. AC STJ DE 1981/06/11 IN BMJ N308 PAG87. AC STJ DE 1989/01/18 IN BMJ N383 PAG281.
Sumário: I - É pela acusação ( ou pela pronúncia, havendo-a ) que se delimita o objecto do processo; II - Os remédios consignados nos artigos 358 e 359 do Código de Processo Penal são aplicáveis apenas a alterações de factos descritos na acusação ou na pronúncia que se verifiquem no decurso da audiência, isto é, que só então venham a ser conhecidas, o que exclui as situações já caracterizadas no inquérito e desde então verificáveis; III - A rejeição da acusação poderá ter lugar designadamente quando a descrição factual nela vertida não tem, nos seus aspectos essenciais, suporte nos factos indiciariamente apurados no...
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