Acórdão nº 9840107 de Court of Appeal of Porto (Portugal), 29 de Abril de 1998
| Magistrado Responsável | TEIXEIRA PINTO |
| Data da Resolução | 29 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART163 N1 N2 ART374 N2 ART379 A.
Sumário: I - Sendo, em princípio, vinculante o parecer do Instituto de Medicina Legal, a sua infirmação com base em meros depoimentos de testemunhas, sem crítica dos pressupostos em que se louvou, é um juízo carecido de base legal. Só um juízo de natureza científica poderia conduzir a conclusão diversa, eventualmente através de uma nova perícia. II - Assim, tendo o juiz invocado, sem mais, o depoimento do assistente e de duas testemunhas, posto que credíveis e seguras, e desmentindo o parecer dos peritos do Instituto de Medicina Legal...
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