Acórdão nº 0262073 de Court of Appeal of Lisbon (Portugal), 12 de Novembro de 1990
| Magistrado Responsável | LEONARDO DIAS |
| Data da Resolução | 12 de Novembro de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART228 ART424 N1 ART437. DL 371/83 DE 1983/10/06 ART2 ART4 N2 ART5 E. CPP29 ART443 ART446 ART447 ART448 ART449 ART495 ART665. CPC67 ART712 N1. DL 78/87 DE 1987/02/17 ART7.
Sumário: I - Em sede de julgamento o juiz só pode admitir novas provas quando, cumulativamente, o seu conhecimento tenha sobrevindo, durante a discussão da causa, e, manifestamente possam influir a decisão. II - A contradição, deficiência e obscuridade determinantes de nulidade da decisão do colectivo, são vícios que têm de verificar-se nas respostas realmente dadas aos quesitos e não naquelas ou naquela que o recorrente daria segundo o seu juízo valorativo da prova. III - O peculato é um crime qualificado relativamente ao abuso de confiança, resultando essa qualificação da especial...
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