Acórdão nº 043019 de Supremo Tribunal de Justiça (Portugal), 02 de Junho de 1993
Data | 02 Junho 1993 |
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 PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART119 A B ART263 N1 ART270 ART340 N1 ART363 ART364 ART410 N2 A B ART433. CP82 ART71 ART72 ART131 ART132 N1 N2 ART296 ART297 N1 A N2 C H.
Jurisprudência Nacional: AC STJ DE 1991/06/05 IN CJ ANOXVI T3 PAG33. AC STJ PROC43244 DE 1993/02/18. AC STJ DE 1992/05/13 IN CJ ANOXVII T3 PAG15.
Sumário : I - Só ao tribunal colectivo compete decidir se, face a todos os elementos de facto de que dispõe, deve ou não admitir os meios de prova requeridos pelo arguido. II - Não podendo o Supremo Tribunal de Justiça conhecer de matéria de facto não tem poderes para se pronunciar sobre a admissão de novos meios de prova. III - O artigo 433 do Código de Processo Penal não é inconstitucional. IV - A insuficiência da matéria de facto e a contradição insanável da fundamentação hão-de resultar da própria decisão, por si ou conjugada com as regras da experiência comum, excluindo-se portanto, os casos em que esses vícios resultam do conjunto da decisão com factos alegados pelo recorrente, estranhos à decisão, em confronto com outros elementos do processo. V - O poder conferido pelo Ministério Público aos...
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