Acórdão nº 0123738 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1990
| Magistrado Responsável | SOUSA GUEDES |
| Data da Resolução | 14 de Fevereiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - DIR PENAL ECON / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART72. DL 28/84 DE 1984/01/20 ART24 N1 C. CPP87 ART358 ART359 ART374 N3 A ART410 N2 C.
Sumário: I - A subsunção jurídico-penal dos factos, na acusação, não é vinculativa para o juiz, só o sendo o elenco dos factos daquela constantes, como objecto que delimita os poderes de cognição do julgador; II - Não extravasa dos limites de cognição do juiz a sentença que se limita a explicitar os factos descritos na acusação, sem lhes introduzir qualquer modificação não substancial e muito menos qualquer modificação substancial; III - Restrito o recurso à matéria de direito, o erro notório na apreciação da prova tem de resultar do texto da decisão, não podendo para tal efeito invocar-se irregularidades...
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