Acórdão nº 045617 de Supremo Tribunal Administrativo (Portugal), 19 de Janeiro de 1994 (caso None)
Magistrado Responsável | SILVA REIS |
Data da Resolução | 19 de Janeiro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CPP87 ART127 ART374 N1 N2 N3 ART402 N2 ART409 N1 ART410 N2 ART433. L 38/87 DE 1987/12/23 ART29. DL 430/83 DE 1983/12/13 ART23 N1 ART24 N1. DL 15/93 DE 1993/01/22 ART21 N1 ART25 A ART26. CP82 ART2 N4 ART72. DL 401/82 DE 1982/09/23 ART1 N2 ART4.
Jurisprudência Nacional: AC STJ PROC41694 DE 1993/03/13.
Sumário : I - O âmbito de um recurso é dado pelas conclusões extraídas pelo recorrente da respectiva motivação. II - O Supremo Tribunal de Justiça, como tribunal de revista que é, em regra só aprecia matéria de direito. Só nos casos previstos no artigo 410 do Código de Processo Penal é que é lícito ao Supremo Tribunal de Justiça apreciar matéria de facto fixada pelas Instâncias. III - Mas, para que assim seja, os vícios enumerados no artigo 410 têm de resultar do texto da decisão recorrida, por si só ou conjugada com as regras da experiência comum. IV - O crime de tráfico de estupefacientes é um crime de trato sucessivo em que até a meia detenção da droga é já punida como crime consumado, dada a sua vocação (é um crime de perigo presumido), para ser transaccionada. V - Dada a entrada em vigor do Decreto-Lei 15/93 que, para os mesmos crimes da droga do Decreto-Lei 30/83, estabelece penas mais leves, deve aquele aplicar-se por conter um regime concretamente mais favorável, em obediência ao n. 4 do artigo 2 do Código Penal. VI - Para se verificar o...
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