Acórdão nº 9840554 de Court of Appeal of Porto (Portugal), 08 de Julho de 1998
| Data | 08 Julho 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART154 ART155 ART156 ART410 N2 A.
Sumário: I - Em processo penal a prova rege-se pelos artigos 124 e seguintes do respectivo Código, estando a prova pericial regulada de forma exaustiva, não existindo, nesta matéria, qualquer lacuna a preencher pelas normas do Código de Processo Civil. II - Sendo indispensável, para a descoberta de toda a verdade material, efectuar a perícia médico-legal - que foi indevidamente indeferida por o requerente não ter observado as determinações do artigo 577 n.1 do Código de Processo Civil - e resultando do texto da decisão ( na medida em que dá como não provados as consequências das lesões com base na falta de perícia médico-legal ), que há insuficiência da matéria de facto provada, é de decretar o reenvio do...
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