Acórdão nº 042242 de Supremo Tribunal de Justiça (Portugal), 13 de Novembro de 1991 (caso NULL)
| Magistrado Responsável | FERREIRA VIDIGAL |
| Data da Resolução | 13 de Novembro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART34 ART468 PARÚNICO ART493 PARÚNICO ART663 ART665 ART666. CPP87 ART403. CP82 ART23 N2 ART72 ART76 N1 ART297. DL 400/82 DE 1982/09/23. D 13004 DE 1927/01/12. CCIV66 ART371 ART372.
Jurisprudência Nacional: AC STJ DE 1988/04/28 IN BMJ N376 PAG417. AC STJ DE 1986/04/02 IN BMJ N356 PAG121.
Sumário : I - Dos artigos 663, 665 e 666 do actual Código de Processo Penal, deduz-se a regra de que os recursos, ao contrário do que vigorava no âmbito do anterior código, abrangem toda a decisão, só se admitindo limitação a esse conhecimento em casos excepcionais e especialmente previstos na lei. II - Os requisitos materiais exigidos pelo artigo 76 do Código Penal para a reincidência são a comissão de um crime doloso a que corresponde pena de prisão, depois de anterior condenação, por outro crime doloso, já...
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