Acórdão nº 047937 de Supremo Tribunal de Justiça (Portugal), 06 de Novembro de 1996 (caso NULL)
Magistrado Responsável | BRITO CAMARA |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART118 A ART123 ART127 ART128 ART133 N1 ART334 N2 ART356 N7 ART374 N2. CP95 ART26 ART28 ART72 ART73. DL 15/93 DE 1993/01/22 ART21 N1 ART31. CPC95 ART640.
Jurisprudência Nacional: AC STJ DE 1991/06/05 IN CJ ANO1991 TIII. AC STJ DE 1992/05/13 IN CJ ANOI TIII PAG513. AC STJ DE 1993/02/24 IN CJSTJ ANOI TI PAG206. AC STJ PROC45477 DE 1994/11/10. AC STJ PROC46600 DE 1994/11/09. AC STJ DE 1987/04/23 IN TJ N29 PAG29. AC STJ PROC40378 DE 1990/01/16.
Sumário : I - As irregularidades de ter havido autoridades da polícia a depor sobre o conteúdo de autos de leitura proibida e de terem sido prestados depoimentos por ouvir dizer, não podem ser conhecidas pelo tribunal superior se não tiverem sido denunciadas na acta de julgamento. II - Os agentes da polícia criminal só estão impedidos de depor como testemunhas quando tenham ouvido em declarações os arguidos e pretendam referir-se ao conteúdo delas. Se se referirem, haverá violação da proibição legal contida no artigo 356, n. 7, do CPP. III - O que a lei pretende impedir ou evitar é que, tendo-se o arguido recusado, como é seu direito - artigo 343, n. 1, do CPP - a prestar declarações, se defraudasse esse direito fazendo ouvir as pessoas que lhe tomaram declarações para elas contarem aquilo que o arguido narrou e se recusara em audiência a narrar de novo pessoalmente. IV - São legítimas as declarações do arguido relativamente à participação de outros co-réus e à licitude do seu aproveitamento pelo tribunal recorrido para, com base nelas, se inclinar para a condenação destes últimos. Ele tinha toda a vantagem, concedida pela lei, em confessar os...
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