Acórdão nº 9641110 de Court of Appeal of Porto (Portugal), 02 de Abril de 1997
Magistrado Responsável | VEIGA REIS |
Data da Resolução | 02 de Abril de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. ORDENADO O PROSSEGUIMENTO DO PROC.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART311.
Jurisprudência Nacional: AC STJ DE 1993/02/17 IN DR IS-A 1993/03/26.
Sumário: I - O juiz tem o poder-dever de, ao abrigo do artigo 311 do Código de Processo Penal, apreciar a prova indiciária recolhida « com a profundidade que muito bem entender :, visto que a alínea a) do preceito indicado, com a interpretação que lhe foi dada pelo « Assento : n.4/93, do Supremo Tribunal de Justiça, não lhe impõe qualquer critério limitador nem particulares metodologias na apreciação dessa prova. II - Tendo o juiz da 4ª Vara Criminal, ao abrigo daqueles poderes-deveres, rejeitado por despacho transitado em julgado as acusações pública e particular por homicídio voluntário tentado ( artigos 132 ns.1 e 2 alínea c), f) e g), 22 ns.1 e 2 alínea b) e 23 n.2 do Código Penal ), por entender não haver indícios suficientes da prática desse crime e, depois, exarado novo despacho em que considerou haver indícios de o arguido ter cometido um crime de ofensas corporais com dolo de perigo ( artigo 144 do Código Penal de 1982 ) e julgou competente para o apreciar os tribunais criminais para cuja distribuição mandou remeter o processo, e tendo, por sua vez, o Juiz do 1º Juízo Criminal, a quem o mesmo coube, declarado a incompetência, em...
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