Acórdão nº 038516 de Supremo Tribunal de Justiça (Portugal), 23 de Julho de 1986
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 23 de Julho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR CIV - DIR RESP CIV. DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CP82 ART2 N4 ART14 N1 ART71 ART131 ART132 N2 C ART142 N2 ART144 N2 ART152 N1. CP886 ART34 N10 N28 N34 ART84 ART360 N4 ART363 N1. CCIV66 ART496 N1 ART564 N1 ART566 N3 ART652 ART653 ART712 N2. L 16/86 DE 1986/06/11 ART12 N3. CPP29 ART98 N1 ART100 ART457 ART458 ART511 ART512 ART518 ART523 ART525 ART667.
Sumário : I - A falta de leitura das respostas aos quesitos, ordenada pelo artigo 511 do Codigo de Processo Penal, e a falta das alegações a que se refere o artigo 523 do mesmo Codigo, não fazem parte das menções obrigatorias que o preceito generico do artigo 457 enumera. II - Assim sendo, para a acta se lhes referir seria preciso que o reu, presente na audiencia, tivesse reclamado a leitura das respostas e a oportunidade das alegações (artigo 458). III - Ainda que se provassem as faltas referidas em I, o julgamento não seria de anular, pois nenhuma delas se mostra, no caso, essencial para a descoberta da verdade (artigo 98, n. 1), constituindo qualquer das ditas omissões simples irregularidade, so...
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