Acórdão nº 97P1102 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1997
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 26 de Novembro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART72 ART136 N1. CPP87 ART410 N2 C.
Sumário : I - O erro notório na apreciação da prova referido pelo artigo 410, n. 2, alínea c), do CPP, é um erro de que um observador médio, suposto pelo legislador, se dá conta mediante a leitura do texto e sem recurso a elementos estranhos. Nada tem a ver com a eventual desconformidade entre a decisão de facto do julgador e aquela que teria sido a do recorrente face às mesmas provas. E também não se confunde com o possivel erro na qualificação jurídica dos factos fixados. II - É...
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