Acórdão nº 048369 de Supremo Tribunal de Justiça (Portugal), 09 de Outubro de 1996 (caso NULL)
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 09 de Outubro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: TAIPA DE CARVALHO IN SUCESSÃO DE LEIS PENAIS PAG218 PAG226 PAG220. LEAL HENRIQUES E SIMAS SANTOS IN CP VOL2 2ED ART265.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO / CRIM C/ESTADO. DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CP82 ART30 N1 N2 ART72 ART235 ART241 A ART313 ART314 C. CP95 ART2 N4 ART30 N1 N2 ART71 ART115 ART217 N3 ART265 N1 A. CPP87 ART5 N1 ART127 ART410 N2 C ART433. CONST89 ART29 N4. DL 48/95 DE 1995/03/15.
Legislação Estrangeira: CP ITALIANO ART2.
Jurisprudência Nacional: AC STJ DE 1995/11/30 IN CJSTJ ANOIII T3 PAG248. AC STJ DE 1983/10/11 IN BMJ N330 PAG385. AC STJ DE 1986/06/25 IN BMJ N358 PAG267. AC STJ DE 1989/03/15 IN BMJ N385 PAG331 IN CJ ANOXIV T2 PAG7. AC STJ DE 1993/03/25 IN BMJ N425 PAG315. AC RP DE 1984/10/28 IN CJ ANOIX T5 PAG280.
Sumário : I - O erro notório previsto na alínea c) do n. 2 do artigo 410, do CPP é um vício de raciocínio na apreciação das provas, evidenciado pela simples leitura do texto da decisão. As provas revelam claramente um sentido e a decisão recorrida extrai ilação contrária, logicamente impossível, incluindo na matéria fáctica ou excluindo dela, algum facto essencial. II - Entre os crimes de passagem de moeda falsa e de burla existe uma situação de concurso real, ainda que consumados através da mesma acção. III - O crime...
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