Acórdão nº 9540397 de Court of Appeal of Porto (Portugal), 05 de Julho de 1995
| Data | 05 Julho 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART410 N2 A ART426 ART431. CP82 ART164.
Sumário: I - Impõe-se o conhecimento oficioso dos vícios elencados no n.2 do artigo 410 do Código de Processo Penal sempre que, existindo, apesar de não expressamente alegados em sede de recurso, não seja possível decidir da causa; II - No crime de difamação basta o dolo genérico, em qualquer das suas formas, directo, necessário ou eventual, não sendo exigido qualquer dolo específico, integrado pelo fim de difamar ou " animus diffamandi "; III - Se na sentença apenas...
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