Acórdão nº 037273 de Supremo Tribunal de Justiça (Portugal), 29 de Fevereiro de 1984 (caso NULL)
| Magistrado Responsável | VASCONCELOS DE CARVALHO |
| Data da Resolução | 29 de Fevereiro de 1984 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO. DIR PROC PENAL.
Legislação Nacional: CPP29 ART11 ART15. DL 35007 DE 1945/10/13 ART1 PAR1 ART4 N2 N5. CP82 ART111 N1 ART402. CONST76 ART52 N1 N2 ART217 N1. DL 28/84 DE 1984/01/20 ART43.
Jurisprudência Nacional: AC STJ DE 1974/07/24 IN BMJ N239 PAG107.
Sumário : I - O processualmente lesado por um crime de falso testemunho não tem legitimidade para se constituir assistente. II - Não se nega o interesse da pessoa prejudicada pelo testemunho falso. Simplesmente, o interesse prevalente, ou seja , o interesse que a lei penal quis especialmente proteger e o interesse do Estado na boa administração da justiça. III - O novo Codigo Penal não contem qualquer preceito que contrarie esta solução, sendo que o artigo 402 que preve o falso testemunho se encontra inserido no Capitulo III -...
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