Acórdão nº 9610493 de Court of Appeal of Porto (Portugal), 10 de Dezembro de 1997
Data | 10 Dezembro 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART374 N2 ART410 N2 A B.
Sumário: I - O vício da insuficiência para a decisão da matéria de facto provada não se confunde com a eventual omissão de apuramento de factos ou circunstâncias que seriam susceptíveis de conferir à decisão um sinal ou sentido diferente; nessa hipótese, a decisão não assenta em matéria fáctica deficitária, insuficiente para a suportar, mas podia ser outra se não tivesse havido omissão de investigação de alguns dos vários factos susceptíveis de concorrer para a correcta decisão da questão. II - O vício da contradição insanável da...
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