Acórdão nº 9740397 de Court of Appeal of Porto (Portugal), 16 de Abril de 1997
Data | 16 Abril 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Indicações Eventuais: FAZ-SE REFERÊNCIA A FREDERICO ISAASCA IN ALTERAÇÃO SUBSTANCIAL DOS FACTOS E SUA RELEVÂNCIA NO PROCESSO PENAL PORTUGUÊS.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART1 N1 F ART69 N1 ART277 N3 ART283 N1 N5 ART284 N1 N2 A ART311 N2 A B.
Sumário: I - É objectivo supremo em processo penal a busca da verdade material, ainda que à custa ou passando por cima de meras considerações formais, desde que respeitados os direitos fundamentais de defesa, de modo a conseguir a Justiça e evitar que o desenlace da causa se fique por mera decisão de forma. II - Por isso, as acusações pública e particular, ao menos enquanto esta não puser em causa princípios processuais de monta - como aconteceria se acusasse por factos substancialmente diversos - têm de ser vistas como partes de um todo que é o processo, cada uma integrando e completando a outra. III - Nesta perspectiva, nada impedirá, do ponto de vista processual, que a acusação particular aporte validamente para o thema probandum factos necessários ao triunfo da acusação pública. IV - Assim, não é a caso de rejeição da acusação...
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