Acórdão nº 98P1090 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1999 (caso NULL)
| Magistrado Responsável | MARTINS RAMIRES |
| Data da Resolução | 06 de Janeiro de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / CRIM C/SOCIEDADE.
Legislação Nacional: CP95 ART204 N2 F ART210 N2 B ART231 N1 N2 ART275 N2. DL 207-A/75 DE 1975/04/17 ART3 N1 D.
Jurisprudência Nacional: AC STJ DE 1995/02/15 IN CJSTJ ANOIII TI PAG216. AC STJ DE 1993/04/29 IN CJSTJ ANOI TII PAG212. AC STJ PROC47265 DE 1995/02/01. AC STJ DE 1990/10/10 IN AJ N10 PAG11. AC STJ DE 1991/09/19 IN AJ N21.
Sumário : I - Se o roubo é cometido com arma proibida, não estamos perante qualquer das situações de concurso aparente de crimes e sim face a indiscutível concurso real dos dois crimes p.p. pelos artigos 210, n. 2, alínea b) e 204, n. 2, alínea f), do Código Penal, o primeiro, e 275, n. 2 do mesmo diploma, o outro. II -...
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