Acórdão nº 9540277 de Court of Appeal of Porto (Portugal), 03 de Maio de 1995
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 03 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/ESTADO. DIR PROC PENAL.
Legislação Nacional: CP82 ART397. CPP87 ART311 N2 A.
Jurisprudência Nacional: AC RP DE 1986/05/28 IN BMJ N357 PAG491. AC RP DE 1987/04/01 IN BMJ N366 PAG566. AC STJ DE 1986/12/10 IN TJ N26 PAG20. AC RP DE 1990/05/09 IN BMJ N397 PAG566. ASS STJ N4/93 DE 1993/02/17 IN DR N72 IS-A 1993/03/26.
Sumário: I - A acusação só é manifestamente infundada - artigo 311 n.2 alínea a) do Código de Processo Penal - « quando, por forma clara e evidente ... é desprovida de fundamento, seja por ausência de factos que a suportam - o que inclui a manifesta falta de indícios -, seja porque os factos não são subsumíveis a qualquer norma jurídico-penal, constituindo...
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