Acórdão nº 041357 de Supremo Tribunal de Justiça (Portugal), 19 de Dezembro de 1990
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 19 de Dezembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N2 ART433. CP82 ART30 N1 N2 ART107 ART109 ART228 ART297.
Sumário : I - O recurso penal interposto para o Supremo Tribunal de Justiça visa exclusivamente o reexame da materia de direito, apenas podendo conhecer de contradição de fundamentação ou de erro notorio na apreciação da prova, quando estes vicios resultem da propria decisão, de tal modo que não passem despercebidos ao comum dos observadores. II - Não devem ser declarados perdidos a favor do Estado, mas entregues a quem mostrar ser seu proprietario, os veiculos objecto de crime de furto e sobre os quais foi depois cometida falsificação. III - Não resultando da actividade desenvolvida pelo reu e que integra os crimes pelos quais foi...
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