Acórdão nº 039864 de Supremo Tribunal de Justiça (Portugal), 01 de Fevereiro de 1989
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 01 de Fevereiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART498.
Jurisprudência Nacional: AC STJ DE 1954/02/10 IN BMJ N41 PAG169. AC STJ DE 1976/04/02 IN BMJ N256 PAG63.
Sumário : I - O artigo 498 do Codigo de Processo Penal, de 1929, pertinente ao julgamento com intervenção do juri, proibe a formulação de quesitos sobre doença mental do reu quando se não tenha previamente procedido ao seu exame por peritos ou, quando tendo-se procedido a tal exame, forem unanimes os pareceres dos peritos. II - Este normativo e aplicavel ao julgamento com intervenção do Tribunal Colectivo, dado o seu fundamento se traduzir no facto de se tratar de materia de acentuada especialização. III - Formulados quesitos, em audiencia, com desrespeito pelo artigo 498 citado, verifica-se a violação de uma...
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