Acórdão nº 043000 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1993
Magistrado Responsável | LOPES DE MELO |
Data da Resolução | 14 de Janeiro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL. NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1. CPP87 ART13 N1 ART30 N1 N2 N3 ART31 B ART119 C ART410 N2 A C ART430. CP82 ART30 N2 ART66 N2 ART72 ART78. L 27/92 DE 1992/08/31 ART3 N37.
Sumário : I - A competência do tribunal do juri é extensiva a todos os arguidos desde que um deles a requeira e qualquer dos outros não requeira a separação do seu processo, por não querer ser julgado pelo tribunal do juri, no prazo de cinco dias contados do despacho que admitiu a intervenção do juri (artigo 30 ns. 1, 2 e 3 do Código de Processo Penal). II - Notificado aquele despacho aos arguidos, forma-se caso julgado formal quanto à competência do tribunal do juri, se não tempestivamente impugnado. III - Sem prejuízo do disposto no artigo 410 ns. 2 e 3 do Código de Processo Penal, o recurso interposto para o Supremo Tribunal de Justiça visa exclusivamente o reexame da matéria de direito (artigo 433), não tendo competência para a renovação da prova (artigo 430 do mesmo Código). IV - Os vícios previstos nas alíneas a) e c) do n. 2 do artigo 410 do Código de Processo Penal (insuficiência da matéria de facto para a decisão e erro notório na apreciação da prova) tem de resultar do acórdão recorrido, por si só ou conjugado com as regras da experiência comum. V - A pena acessória prevista no artigo 66 do Código Penal não...
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