Acórdão nº 97P1382 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1998 (caso None)
Magistrado Responsável | HUGO LOPES |
Data da Resolução | 23 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 ART36 N2 N3 N5 ART35. CP95 ART109. CONST97 ART29 N5.
Sumário : I - De se ter dado como provado que a arguida se dedica ao tráfico de estupefacientes desde antes de 1995, não resulta que, por ter sido condenada em 15 de Outubro de 1996, por factos integradores do crime de tráfico ocorridos em 23 de Fevereiro de 1993, já não possa ser condenada, sob pena de violação do disposto no artigo 29, n. 5, da C.R.P., por factos de idêntica natureza praticados em 8 de Janeiro de 1996. É que, toda a actividade de tráfico desenvolvida pela arguida após a sua constituição naquela qualidade, no processo relativo aos factos de 1993, tem de entender-se presidida por uma nova resolução e, por isso, autónoma, relativamente á actividade anterior a esse momento. II - Nos termos do artigo 36...
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