Acórdão nº 9540284 de Court of Appeal of Porto (Portugal), 27 de Setembro de 1995
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 27 de Setembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP87 ART120 N2 D N3 A ART410 N2. CP82 ART13 ART22.
Jurisprudência Nacional: AC STJ DE 1987/01/14 IN TJ N26 PAG21. AC STJ DE 1984/11/21 IN BMJ N345 PAG222. AC RP PROC9440981 DE 1995/02/22. AC RP PROC9540132 DE 1995/05/03.
Sumário: I - A eventual omissão de diligência probatória - inquirição em julgamento de perito do Instituto de Medicina Legal - não constitui " insuficiência da matéria de facto para a decisão ", mas antes nulidade processual sujeita ao regime do artigo 120 ns. 2 - alínea d) e 3 - alínea a) do Código de Processo Penal. II - Provado que a morte da ofendida pode ter sido derivada, de forma directa e necessária, do choque anafilático causado pela administração endovenosa de penicilina ( em virtude de...
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