Portuguese Supreme Court denies appeal when appellate court revokes sentence suspension after altering the penalty.

The Supreme Court of Justice dismissed the criminal appeal because the appellate court violated the principle of reformatio in pejus by revoking the defendant's sentence suspension while simultaneously increasing the penalty. The defendant argued that the appellate court's actions were procedurally flawed, but the court held that Article 667 of the 1929 Code of Criminal Procedure establishes no dependency between the first paragraph and the rest of the article. Consequently, the court ruled that altering the penalty and revoking the suspension simultaneously constitutes a direct violation of the second paragraph of Article 667.