Acórdão nº 98P083 de Supremo Tribunal Administrativo (Portugal), 14 de Maio de 1998
| Magistrado Responsável | HUGO LOPES |
| Data da Resolução | 14 de Maio de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART327 ART355 ART374 N2 ART379 ART410 N2 C. CONST97 ART31 N1 N5. CP82 ART177 N1 ART296 ART297 N1 N2 C D ART398. CP95 ART203 ART204 N2 ART398.
Jurisprudência Nacional: AC STJ DE 1991/12/18 IN BMJ N429 PAG712. AC STJ PROC44685 DE 1993/09/15.
Sumário : I - O objecto do processo é-nos dado pelos factos descritos na acusação e na defesa e pelos factos resultantes da discussão da causa. II - A menção, na sentença, dos factos não provados (artigo 374, n. 2, do CPP) considerada pela lei penal como "fundamentação da decisão", só se impõe quando existem factos dentro do objecto do processo que não tenham ficado provados e que revelem para a decisão da causa. III - O erro notório...
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