Acórdão nº 97P988 de Supremo Tribunal Administrativo (Portugal), 19 de Novembro de 1997 (caso None)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 19 de Novembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP886 ART35. CP82 ART76 N1. CP95 ART40 N1 ART71 ART75 N1 N2 ART76 N1 ART77. CPP87 ART410 N2 N3. DL 430/83 DE 1983/12/13 ART23 N1. DL 15/93 DE 1993/01/22 ART21 N1 ART40.
Sumário : I - No C.Penal de 1886 a verificação da reincidência dependia só de requisitos objectivos (artigo 35). II - O C.Penal de 1982 introduziu um novo requisito de índole subjectiva: "se as circunstâncias do caso mostrarem que a condenação ou condenações anteriores não constituíram suficiente prevenção contra o crime" (artigo 76, n. 1), o qual, com ligeira alteração de redacção, foi mantido no C.Penal de 1995. III - Para haver reincidência no C.Penal de 1886 os crimes - anterior e posterior - tinham de ser da mesma natureza, isto é, protegerem idêntico interesse jurídico. IV - Presentemente, pode haver reincidência no caso de crimes de natureza diversa e quando aqueles são da mesma natureza não ser de a considerar, tudo dependendo da averiguação se perante as circunstâncias do caso ele merece censura agravativa. V...
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