Acórdão nº 96P113 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1996
Magistrado Responsável | NUNES DA CRUZ |
Data da Resolução | 18 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: MAIA GONÇALVES IN CPP ANOT 8ED PAG362.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART22 N1 ART23 N1 N2 ART73 N2 B D ART74 ART127 ART131. CP95 ART73 N1 A B ART131. CPP87 ART410 N2 A C.
Jurisprudência Nacional: AC STJ PROC46181 DE 1995/04/20.
Sumário : I - Anulado um julgamento e o respectivo acórdão, deixou este de ter existência jurídica e por isso não faz o menor sentido comparar o que se teve como provado nessa decisão anulada e o que se dá como assente no acórdão ora impugnado e partir daí para se alegar erro na apreciação da prova. II - São totalmente irrelevantes as considerações que faz um recorrente no sentido de pretender discutir a prova feita em julgamento ou que o Supremo aceite como realidade aquilo que refere terem sido os depoimentos das testemunhas. Não existindo, in casu, prova vinculada, o Tribunal Colectivo aprecia a prova segundo as regras da experiência e a sua livre convicção. III - Emoção violenta é um estado de ânimo ou de consciência caracterizado por uma viva excitação do sentimento; é uma forte e transitória perturbação da afectividade, a que estão ligadas certas variações somáticas, ou modificações particulares das funções da vida orgânica. Exige-se ainda...
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