Acórdão nº 048395 de Supremo Tribunal de Justiça (Portugal), 11 de Outubro de 1995
| Magistrado Responsável | FERNANDES MAGALHÃES |
| Data da Resolução | 11 de Outubro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REJEITADO O RECURSO.
Indicações Eventuais: F DIAS IN DIR PROC PENAL VOLI PAG210 PAG213.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART133 N1 A ART410 N2. CONST89 ART32.
Jurisprudência Nacional: AC STJ PROC43031 DE 1993/02/18. AC STJ PROC43247 DE 1993/01/21. AC STJ PROC47083 DE 1994/09/15.
Sumário : I - Não é legítimo falar-se, em processo penal, no ónus da prova da acusação, dado que este processo está dominado pelo princípio da verdade material, competindo em último caso ao juiz investigar e esclarecer definitivamente o facto (v. Ac. do S.T.J. de 18 de Fevereiro de 1993, Proc. 43031). II - O princípio in dubio pro reo significa que um non liquet na questão da prova tem de ser sempre valorado a favor do...
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