Acórdão nº 96P092 de Supremo Tribunal Administrativo (Portugal), 21 de Março de 1996 (caso None)
| Magistrado Responsável | ARAUJO DOS ANJOS |
| Data da Resolução | 21 de Março de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: MAIA GONÇALVES C PENAL PORTUGUÊS 8ED PAG487. F DIAS DIR PENAL PORTUGUÊS PAG662 PAG664.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART2 N4 ART111 ART112 ART113 ART114 ART115 ART116 ART297 N4. CP95 ART113 ART115 N1 ART203. CPP87 ART5 N1.
Sumário : I - A queixa e a acusação particular não são figuras exclusivamente processuais, possuindo dupla natureza visto que sendo condições positivas do procedimento criminal (pressupostos), do mesmo modo condicionam a responsabilidade penal. II - Pertencem inequivocamente à categoria das normas processuais penais materiais as dos artigos 111 a 116 do Código Penal e, como tal, regem-se, no caso de haver sucessão de leis, pelos princípios...
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