Acórdão nº 97P974 de Supremo Tribunal Administrativo (Portugal), 08 de Janeiro de 1998 (caso None)
| Magistrado Responsável | OLIVEIRA GUIMARÃES |
| Data da Resolução | 08 de Janeiro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 ART25 D. DL 430/83 DE 1983/12/13 ART24.
Sumário : I - Os crimes de tráfico de estupefaciente são crimes de perigo. II - Opõe-se à pretensão do recorrente de ver qualificada a sua actuação como constituindo o crime da previsão do artigo 25 alínea d) do DL 15/93, de 22 de Janeiro, isto é, como tendo praticado o crime de tráfico de menor gravidade, precisamente por não se verificar o pressuposto de uma ilicitude consideravelmente diminuída, a circunstância de se dedicar à venda de heroína - droga dura, da maior perigosidade -, o facto de ele se ter decidido a "começar a vender produtos estupefacientes" e ter deixado, a partir de certa...
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