Acórdão nº 9610441 de Court of Appeal of Porto (Portugal), 10 de Julho de 1996
Magistrado Responsável | COSTA DE MORAIS |
Data da Resolução | 10 de Julho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART1 N1 F ART359 N1 N2 ART379 B.
Sumário: I - A acusação, na medida em que é recebida, delimita o objecto do processo, pelo que qualquer facto que resulte apurado na audiência de julgamento que saia fora do âmbito descrito na acusação e que seja susceptível de implicar a prática de crime diverso traduz uma alteração substancial dos factos descritos na acusação. II - Acusado o arguido pela prática de dois crimes de emissão de cheque sem provisão, o qual veio a ser condenado como autor material de um crime de burla do artigo 218 n.1 do Código Penal de 1995, verifica-se uma alteração substancial dos factos descritos na acusação, pois, enquanto nesta se faz constar que a comunicação feita pelo arguido ao banco sacado do extravio dos cheques operou-se em momento posterior ao da emissão e entrega dos mesmos ao ofendido, da prova produzida em audiência de julgamento resultou que tal comunicação ocorreu em momento anterior. Ora, o momento temporal da ocorrência do...
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