Acórdão nº 040604 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1990
Data | 28 Março 1990 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR CONST - GARANTIAS ADMI.
Legislação Nacional: CPP87 ART410 N2. CP82 ART72 N1 N2.
Jurisprudência Nacional: AC STJ DE 1990/02/07. AC TC 324/88 DE 1989/09/02.
Sumário : I - O julgamento em 1 Instancia mediante o tribunal colectivo assegura a averiguação da materia de facto com uma maior precisão do que acontece com a intervenção do tribunal singular e reflexamente justifica que a apreciação por parte do tribunal de recurso se circunscreva a limites dentro dos quais essa apreciação tem razão de ser. II - Segundo o regime do novo Codigo de Processo Penal nos recursos das decisões finais do tribunal colectivo ou do juri, directa e necessariamente interpostos para o Supremo Tribunal de Justiça, este conhece de facto apenas limitadamente nos casos a que se refere o artigo 410 n. 2, cuja constitucionalidade foi apreciada...
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