Acórdão nº 97P1557 de Supremo Tribunal de Justiça (Portugal), 01 de Abril de 1998 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 01 de Abril de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART25 ART26. PORT 94/96 DE 1996/03/16.
Sumário : I - A quantidade e qualidade da droga são, entre outros, elementos a considerar com vista ao juízo de ilicitude consideravelmente diminuída a que se refere o artigo 25, do D.L. 15/93, de 22 de Janeiro. II - O disposto no artigo 26, do mesmo diploma legal, não deixa margem para dúvidas de que a detenção, para venda, de quantidades excedentes do consumo médio individual fixado na Portaria 94/96, de 16 de Março, afastando a categoria de "traficante-consumidor" - que pressupõe, como finalidade exclusiva, o consumo pessoal - também não se compagina, em princípio, com o conceito de ilicitude consideravelmente diminuída. III - Quanto à "qualidade", há que ter em atenção que a heroína é uma substância opiácea de grande toxicidade cujo uso está interdito para fins médicos e que, para além de produzir rápida habituação, é...
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