Acórdão nº 9510352 de Court of Appeal of Porto (Portugal), 31 de Maio de 1995
Magistrado Responsável | COSTA MORTAGUA |
Data da Resolução | 31 de Maio de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REENVIO DO PROCESSO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N2 A B.
Sumário: I - A insuficiência para a decisão da matéria de facto provada - alínea a) do n.2 do artigo 410 do Código de Processo Penal - pressupõe que a matéria de facto se apresente como insuficiente para a decisão proferida por se verificar lacuna no seu apuramento, não sendo admissíveis as ilações do tribunal recorrido. A insuficiência da matéria de facto para a decisão não se confunde com a insuficiência da prova para a decisão de facto proferida. A contradição insanável da fundamentação - alínea b) do mesmo preceito - abrange a contradição entre a matéria de facto provada ou entre a provada e não provada bem como a...
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