Acórdão nº 039852 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1990
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 16 de Maio 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 / TEORIA GERAL / DIR PENAL ECON.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART27 C G ART28 ART34 N2. DL 630/76 DE 1976/07/28 ART1 A D ART2 ART4 ART5. CP82 ART4 N2 ART26 ART27. DL 13/90 DE 1990/01/08 ART39 N1 ART43 N2.
Jurisprudência Nacional: AC STJ DE 1984/04/04 IN BMJ N336 PAG346. AC STJ DE 1984/01/25 IN BMJ N333 PAG325.
Sumário : I - O conceito de organização ou associação, contido no artigo 28 do Decreto-Lei n. 430/83 de 13 de Dezembro, pressuposto da existencia do crime de associação criminosa, implica acordo de vontades, estrutura, estabilidade, demonstração de que as pessoas se uniram para cooperar na produção de um programa criminoso, criando e pondo em funcionamento estruturas proprias, com tarefas especificas, com comando e direcção, não bastando a simples actuação conjunta de varias pessoas. II - Com a entrada em vigor do Decreto-Lei n. 13/90 de 8 de Janeiro, as operações cambiais e a importação, exportação e reexportação de ouro não trabalhado e moeda estrangeira foram discriminalizadas...
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