Acórdão nº 97P490 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1998 (caso NULL)
Magistrado Responsável | OLIVEIRA GUIMARÃES |
Data da Resolução | 27 de Janeiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST - DIR FUND. DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CONST89 ART32 N1. CP82 ART48 N1 N2 ART72 ART78 N1 N2 N3 ART228 N1 A N2 ART287 N1. CP95 ART2 N4 ART50 N1 ART71 ART77 N1 N2 N3 ART256 N1 A N2 ART299 N1. CPP87 ART1 N1 F ART120 ART284 N1 ART303 N3 ART308 ART309 N2 ART359 N1 N2 ART379 B. L 23/91 DE 1991/07/04 ART14 N1 B C. L 15/94 DE 1994/05/11 ART7 ART8 N1 B C.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN DR DE 1993/03/10. AC TC DE 1997/06/25 IN DR DE 1997/08/05.
Sumário : I - Há associação criminosa, quando duas ou mais pessoas se juntam e acordam dedicar-se, mesmo sem organização sofisticada, específica ou complexa, a uma actividade delituosa. II - Havendo apenas um desígnio criminoso, o crime não pode deixar de ser único; sendo mais que uma as resoluções, a regra será a de um concurso real de infracções, podendo excepcionalmente constituirem um crime continuado...
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