Acórdão nº 047710 de Supremo Tribunal Administrativo (Portugal), 01 de Março de 1995 (caso None)
Magistrado Responsável | HERCULANO LIMA |
Data da Resolução | 01 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO. REJEITADO O RECURSO.
¡rea Tem·tica: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
LegislaÁ„o Nacional: CPP87 ART151 ART163 ART283 N2 N3 ART308 N2 ART374 N2 ART410 N2 ART412 N2. CONST89 ART32 N1. CP82 ART72.
JurisprudÍncia Nacional: AC STJ PROC46832 DE 1994/11/02. AC STJ PROC41924 DE 1991/10/10 IN BMJ N410 PAG604.
Sum·rio : I - O crime de tr·fico de estupefaciente È um crime de "trato sucessivo", cuja ilicitude compreende a droga detida pelo agente e todas as demais quantidades detidas ou transaccionadas num determinado perÌodo de tempo. II - A exigÍncia legal da indicaÁ„o dos factos provados (e n„o provados) refere-se apenas aos factos essenciais ‡ caracterizaÁ„o do crime e suas circunst‚ncias relevantes, que tenham sido alegados pela acusaÁ„o e pela defesa, devendo essa indicaÁ„o ser feita sumariamente. III - Quanto ‡ qualificaÁ„o jurÌdico-penal dos factos, o que releva para o tipo de crime em causa e para a existÍncia...
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