Acórdão nº 9511069 de Court of Appeal of Porto (Portugal), 28 de Fevereiro de 1996
Magistrado Responsável | PEREIRA CABRAL |
Data da Resolução | 28 de Fevereiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CPP87 ART1 F ART374 N2. L 34/87 DE 1987/07/16 ART12.
Jurisprudência Nacional: AC STJ DE 1989/02/22 IN BMJ N384 PAG552. AC STJ DE 1993/01/28 IN BMJ N423 PAG370.
Sumário: I - Depois de uma descrição especificada dos factos provados, a afirmação genérica de que « não se provaram quaisquer outros factos com interesse para a decisão da causa : satisfaz o preceituado no artigo 374 n.2 do Código de Processo Penal. Isto porque « os factos provados nos autos são suficientes para o cometimento dos crimes... imputados ao arguido..., enquanto os restantes factos constantes da acusação não têm qualquer influência na decisão, pelo que é óbvio que o Ministério Público ao deduzi-la não teve em conta o disposto na alínea b) do n.3 do artigo 283 do Código de Processo Penal :. II - O facto provado alheio à...
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