Acórdão nº 97P009 de Supremo Tribunal Administrativo (Portugal), 15 de Maio de 1997 (caso None)
Magistrado Responsável | ABRANCHES MARTINS |
Data da Resolução | 15 de Maio de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS / CRIM C/SOCIEDADE.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 N1 ART26 N1 ART40 N1. CPP87 ART410 N2 B.
Jurisprudência Nacional: AC STJ PROC48731 DE 1996/09/25. AC STJ DE 1993/05/19 IN CJSTJ ANOI TII PAG232. AC STJ PROC692 DE 1996/10/31.
Sumário : I - Há contradição insanável da fundamentação quando se dá como provado que o arguido vivia apenas da actividade de compra e venda de estupefacientes e como não provado que ele estava desempregado, que não exercia qualquer actividade lícita remunerada que lhe permitisse viver, ou seja, fazer face às despesas com o seu consumo de estupefacientes e com a sua sobrevivência. II - O crime de tráfico de estupefacientes é um crime de actividade ou de trato sucessivo, pelo que se tem por unificada a prática repetida de actos do tipo dos indicados no artigo 21 do Decreto-Lei 15/93, de 22 de Janeiro. III - Comete o crime de tráfico de estupefacientes previsto...
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