Acórdão nº 9540459 de Court of Appeal of Porto (Portugal), 18 de Outubro de 1995
Data | 18 Outubro 1995 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Indicações Eventuais: CITA GERMANO MARQUES DA SILVA IN DO PROCESSO PENAL PRELIMINAR PAG300.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL . DIR PROC PENAL.
Legislação Nacional: CP82 ART142 N1 ART144 N2. CP95 ART2 N4 ART143 N1. CPP87 ART359.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/03/10. ASS STJ DE 1995/06/07 IN DR IS-A 1995/07/06. AC TC DE 1995/05/31 IN DR IIS 1995/07/28.
Sumário: I - Embora da acusação deva constar, sob pena de nulidade, a norma incriminadora, sendo esta que dá aos factos naturais o seu sentido de desvalor jurídico - penal, como revelação da protecção do interesse tutelado, é admissível a convolação desde que as normas estejam entre si numa...
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