Acórdão nº 98P111 de Supremo Tribunal Administrativo (Portugal), 01 de Abril de 1998 (caso None)
Magistrado Responsável | MARIANO PEREIRA |
Data da Resolução | 01 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP95 ART75 N1.
Jurisprudência Nacional: AC STJ DE 1989/10/04 IN CJ ANOXIV T4 PAG11.
Sumário : Face ao disposto no artigo 75, n. 1, do C. Penal de 1995, não pode concluir-se pela verificação da reincidência, apenas, com base no certificado de registo criminal do arguido. Com efeito, sendo seu requisito essencial que a condenação ou condenações anteriores não tenham constituído prevenção suficiente...
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