Acórdão nº 97P015 de Supremo Tribunal de Justiça (Portugal), 07 de Maio de 1997
Magistrado Responsável | FLORES RIBEIRO |
Data da Resolução | 07 de Maio de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART374 ART379 ART410 N2 N3 ART433. CP82 ART40 N2 ART50 ART71 N2 ART77 N1 N2.
Jurisprudência Nacional: AC STJ DE 1991/07/11 IN BMJ N409 PAG421. AC STJ PROC42172 DE 1992/03/06.
Sumário : I - Se toda a matéria da acusação, na sua essência especifica, resultou provada, com as aclarações que emergiram da discussão da causa em que nada modificaram a estrutura descritiva, está-se sem factos não provados. E a numeração relativa ao n. 2 do artigo 374 do C.P.P. decorre neste caso despida de omissões. Não se admite o que não há, pelo que não ocorre...
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