Acórdão nº 0013745 de Supremo Tribunal Administrativo (Portugal), 30 de Abril de 1991 (caso None)
Magistrado Responsável | ARAGÃO BARROS |
Data da Resolução | 30 de Abril de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. PROVIDO PARCIALMENTE. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 ART28. CP82 ART7 ART114 ART228 ART229 ART313 ART314. CPP29 ART46 ART198 ART665. CPC61 ART153.
Sumário: I - O direito ao duplo grau de jurisdição não implica, até porque isso seria impraticável, uma repetição integral do julgamento perante o tribunal de recurso. A imediação das provas e dos factos, só perante o tribunal de 1 instância poderá realizar-se com plenitude. II - Não tendo havido confissão e arrependimento e não sendo bom o comportamento anterior e posterior do arguido, não deve suspender-se a execução de uma pena de prisão de 3 anos, imposta ou a impôr. III - A desistência da queixa nos crimes que a admitem, configura-se como acto bilateral; só releva se não houver oposição do arguido que terá de ocorrer até à leitura pública da sentença em 1 instância. Não assistindo o arguido (que respondeu à revelia) à leitura da sentença, a sua não oposição à desistência da queixa para ser relevante, deve ocorrer no prazo de 5 dias a contar da notificação da sentença - artigo 153 CPC. IV - O ilícito da "Associação Criminosa" exige, pelo menos, certa estabilidade e duração quanto aos seus fins e objectivos, o que não se satisfaz com meros acordos conjunturais, distanciados no tempo, quase 2 anos e que se traduziram em 2...
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