Acórdão nº 9250834 de Tribunal da Relação do Porto, 24 de Março de 1993
| Magistrado Responsável: | FERREIRA DINIS |
| Data da Resolução: | 24 de Março de 1993 |
| Emissor: | Tribunal da Relação do Porto |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM.
Legislação Nacional: DL 422/89 DE 1989/12/02 ART1 ART4 N1 ART111. CPP87 ART410 N2 C ART402 N1 N2 A.
Jurisprudência Nacional: AC RP DE 1979/06/06 IN CJ T3 ANOIV PAG1009.
Sumário: I - Padece do vício da insufuciência da matéria de facto provada para a decisão a sentença que se limita a dar como provado que os arguidos se preparavam para explorar o jogo denominado " batota ", sem especificar as regras desse jogo e, assim, se poder determinar se o seu resultado depende exclusiva ou fundamentalmente da sorte ou se se fica a dever a combinações de cálculo ou de perícia do jogador, tanto mais que não consta do elenco exemplificativo do artigo 4, número 1, do Decreto-Lei 422/89, de 02/12. II - Não se justifica, todavia, o reenvio do processo para novo julgamento uma vez que a matéria de facto provada aponta inequivocamente para uma tentativa ( eventualmente de jogo...
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