Acórdão nº 96P171 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1996
Magistrado Responsável | SOUSA GUEDES |
Data da Resolução | 02 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART1 N1 F. DL 15/93 DE 1993/01/22 ART21 N1 ART25 A.
Sumário : I - Ao arguido compete defender-se dos factos que lhe são imputados e não da sua qualificação jurídica. II - O tribunal é livre na qualificação jurídica desses factos, podendo mesmo alterar a que foi dada na acusação ou na pronúncia. III - A pena do arguido deve, porém, conter-se no limite máximo da incriminação dos factos atribuída na acusação ou na pronúncia, sob pena de alteração substancial dos factos. IV -...
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