Acórdão nº 044440 de Supremo Tribunal de Justiça (Portugal), 18 de Novembro de 1993 (caso NULL)
| Magistrado Responsável | CARDOSO BASTOS |
| Data da Resolução | 18 de Novembro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART4 ART403. CPC67 ART668 N1 D.
Sumário : Se o Ministério Público pedir, em recurso, a alteração da qualificação jurídica e não um agravamento da pena no quadro da qualificação jurídica efectuada no tribunal recorrido, não pode o STJ efectuar tal agravamento, sob pena de o acórdão ser nulo - artigo 668, n. 1 alínea d) do Código de Processo Civil, aplicável por força do artigo 4 do...
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