Acórdão nº 0033135 de Court of Appeal of Lisbon (Portugal), 12 de Maio de 1998
| Magistrado Responsável | GASPAR DE ALMEIDA |
| Data da Resolução | 12 de Maio de 1998 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART217 ART218 N2. DL 28/84 DE 1984/01/20 ART36 ART37. CPP87 ART122 ART359. CONST76 ART32.
Jurisprudência Nacional: AC TC 130/98 DE 1998/02/05 IN DR IIS DE 1998/04/07. AC STJ DE 111/97 DE 1997/11/13.
Sumário: Tendo o STJ declarado nulo o acórdão do colectivo que procedeu à alteração da qualificação jurídica dos factos, (factos estes tidos como definitivos e os únicos a considerar na decisão) sem que antes tenha dado conhecimento aos arguidos da possibilidade dessa alteração, não se impõe, na sequência da baixa dos autos ao tribunal "a quo", a repetição do julgamento, satisfazendo-se a Lei...
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