Acórdão nº 97P1186 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1997 (caso NULL)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 17 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART72 N1. CP95 ART40 N1 N2 ART71 N1. CPP87 ART124 ART315 N1 ART368 N2 ART374 N2 ART410 N2 N3 ART433. DL 15/93 DE 1993/01/22 ART21 N1 ART25 N1 A B ART26 N1 N2 N3. PORT 94/96 DE 1996/03/26 N9.
Sumário : I - É constante e pacífica a jurisprudência do STJ no sentido de que, sem prejuízo das questões do conhecimento oficioso, o âmbito do recurso se define pelas conclusões extraídas, pelos recorrentes, das respectivas motivações. II - Cometem o crime de tráfico de estupefacientes do artigo 21 n. 1 do DL 15/93 de 22 de Janeiro e não os crimes dos artigos 25 (tráfico de menor gravidade) e 26 (traficante- -consumidor) do mesmo...
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