Acórdão nº 98P519 de Supremo Tribunal de Justiça (Portugal), 01 de Julho de 1998
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 01 de Julho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 ART26 ART40 N1. CP95 ART88. CPP87 ART359.
Jurisprudência Nacional: AC STJ PROC41235 DE 1990/12/19. AC STJ PROC47732 DE 1995/05/24. AC STJ PROC87/98 DE 1998/04/29.
Sumário : I - É indispensável para o preenchimento do crime privilegiado do artigo 26 do DL 15/93, de 22 de Janeiro (traficante- consumidor) o pressuposto de ter o agente por finalidade exclusiva da sua actividade conseguir drogas para seu uso pessoal. II - A toxicodependência, em princípio, não tem efeito desculpabilizante nem deve funcionar como circunstância atenuante e, em geral, é indiciadora de falta de preparação para manter uma conduta lícita, quando não mesmo reveladora de especial perigosidade justificativa da...
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