Acórdão nº 97P695 de Supremo Tribunal de Justiça (Portugal), 10 de Julho de 1997
Data | 10 Julho 1997 |
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.
Legislação Nacional: CPP87 ART127 ART410 N2 ART412 N2 B ART426 ART433 ART436. CP82 ART131 ART132 ART155 N5.
Sumário : I - A demonstração de algum dos vícios da sentença previstos no artigo 410 n. 2 do CPP tem de basear-se no texto da decisão (e não em elementos a ele estranhos) e nas regras da experiência comum, sendo que estas, como repetidamente tem sido frisado pelo STJ, só podem ser invocadas quando da sua aplicação resulte inequivocamente a existência de um erro na apreciação da prova. II - Haverá erro notório na apreciação da prova quando o homem médio, suposto pela ordem jurídica, facilmente se dá conta desse erro mediante a leitura do texto da decisão impugnada. III - A demonstração deste erro não pode emergir da mera discordância quanto à forma como o tribunal recorrido terá apreciado a prova produzida, pois aí o que poderá haver é apenas um erro de julgamento da matéria de facto...
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