Acórdão nº 040715 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1990 (caso NULL)
Magistrado Responsável | MENDES PINTO |
Data da Resolução | 26 de Abril de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART28 N1 N2 ART36. CP82 ART26 ART72 ART260 ART420 N1 N2 ART421 ART423 N1 N2. CPP29 ART663 N1. DL 264-C/81 DE 1981/09/03 ART42. L 16/86 DE 1986/06/11 ART13.
Sumário : I - O preceito legal do n. 2 do artigo 28 do Decreto-Lei n. 430/83 faz apelo directo ao n. 1 do mesmo normativo, pelo que um arguido so podera ser punido pelo crime de associação criminosa quando exista um grupo, organizado ou associado de duas ou mais pessoas que, actuando concertadamente vise praticar alguns dos factos descritos naquele n. 1, ou seja, trafico ou actividades ilicitas relacionadas com o comercio de estupefacientes. II - Não praticam o crime de associação criminosa os arguidos que, dedicando-se, embora, ao narcotrafico, comercializando estupefacientes com intuitos lucrativos, vendendo-os por vezes...
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