Acórdão nº 0009543 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1996 (caso None)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 24 de Janeiro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP95 ART2 N4 ART116 N2 ART217 N3. CP82 ART313. DL 454/91 DE 1991/12/28 ART11 N1.
Sumário: I - A desistência da queixa ocorrida antes do julgamento, sem que tenha havido oposição do arguido, só não será eficaz se o procedimento pelo crime por que o arguido se encontra acusado não depender de queixa. II - Se o regime actual de punição do crime imputado na acusação se revela, em concreto, mais favorável ao arguido do que o definido pelo Código Penal vigente à data da prática dos factos, é o actual que deve ser aplicado (art. 2 n. 4 do CP revisto). III - Uma vez que o crime de burla enquanto p. e p. pelo art. 313 do CP de 1982 tinha natureza pública e, com a...
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