Acórdão nº 98P709 de Supremo Tribunal de Justiça (Portugal), 01 de Julho de 1998
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 01 de Julho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CPP87 ART118 N1 N2 ART123 ART339 N1. DL 207-A/75 DE 1975/04/17 ART1 N1 C ART2 ART3 ART5 N1 A B. CP95 ART203 N1 ART217 ART275 N2. DL 37313 DE 1949/02/21. DL 328/76 DE 1976/05/06. DL 399/93 DE 1993/12/03 ART6 Jurisprudência Nacional: AC STJ DE 1997/02/06 IN DR IS-A N55 DE 1997/03/06.
Sumário : I - A inquirição, em audiência de julgamento, de uma testemunha (de uma testemunha) de acusação que permaneceu na sala até ser chamada a depor, não cumprindo a ordem de retirada que foi ditada nos termos do artigo 339, n. 1 do C.P.Penal, constitui violação da lei de processo que integra uma simples irregularidade (artigo 118, ns. 1 e 2 do C.P. Penal). II - A detenção de um revólver de calibre 0,22 Long Rifle (5,6 mm, no sistema métrico) e cano de 77 mm - arma de defesa - pelo arguido, ainda que este não estivesse habilitado com a...
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