Acórdão nº 9710812 de Court of Appeal of Porto (Portugal), 05 de Novembro de 1997
Magistrado Responsável | COSTA MORTAGUA |
Data da Resolução | 05 de Novembro de 1997 |
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 ART283 N2 N3 N4 ART358 N1 ART359 ART379 B.
Sumário: I - A vinculação temática do tribunal de julgamento é definida pela descrição que dos factos tiver sido feita na acusação, ou na pronúncia. O arguido tem de saber, no momento processual decisivo, a matéria de facto que lhe é imputada, para dela se defender. II - O despacho de pronúncia não cumpre o ditame legal da " narração , ainda que sintética, dos factos " ( artigo 283 n.3 alínea b) do Código de Processo Penal ) ao dar por reproduzido o teor da carta junta aos autos, pretendendo-se que o seu conteúdo, na parte não facticamente expressa e individualizada, enforma a prática do ilícito imputado ao arguido. III - Constando do despacho de pronúncia que a arguida, na carta junta aos autos " cujo teor se dá por integralmente reproduzido, afirma que o queixoso...
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