Acórdão nº 9611006 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1997
| Magistrado Responsável | VEIGA REIS |
| Data da Resolução | 12 de Fevereiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REENVIO DO PROCESSO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP67 ART163 ART374 N2 ART379 A ART410 N2 B.
Jurisprudência Nacional: AC RP DE 1989/11/15 IN BMJ N391 PAG699.
Sumário: I - Configura contradição insanável da fundamentação ( alínea b) do n.2 do artigo 410 do Código de Processo Penal ), ter a sentença dado como provado, relativamente ao tempo de doença sofrido pela assistente, que não excedeu 10 dias, e afirmado que essa decisão se baseou nos registos clínicos juntos aos autos, quando tais registos indicam clara e expressamente que as lesões sofridas pela assistente " terão demandado para curar de quinze a trinta dias ". II - O auto de exame médico em que o perito, depois de afirmar que a observada não apresenta sinais de ofensas corporais, avança ( com base na descrição sucinta e pouco detalhada que das lesões é efectuada no boletim de admissão daquela no serviço de urgência de um centro de saúde ) com uma vaga e imprecisa previsão sobre a...
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