Acórdão nº 9740342 de Supremo Tribunal Administrativo (Portugal), 15 de Abril de 1998 (caso None)
Magistrado Responsável | BARROS MOREIRA |
Data da Resolução | 15 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART125 ART355 N1 ART356 N1 B ART357.
Jurisprudência Nacional: AC STJ DE 1989/02/22 IN BMJ N384 PAG552.
Sumário: I - Não se pode ter em conta como elemento de prova em sede de julgamento o relatório constante dos autos, elaborado pela entidade policial que efectuou o inquérito, que contém a súmula das declarações do arguido, face às disposições conjugadas dos artigos 125, 355 n.1 e 356 n.1 alínea b) todos do Código de Processo Penal. II - A valoração proibida desse relatório tem como...
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