Acórdão nº 96P601 de Supremo Tribunal de Justiça (Portugal), 07 de Novembro de 1996 (caso NULL)
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 07 de Novembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: SIMAS SANTOS IN REVISTA DO MINISTÉRIO PÚBLICO ANOIV VOLXVI PAG162. BELEZA DOS SANTOS LIÇÕES 1936 PAG194.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART2 N4 ART79 N1 ART177 N1 N2 ART296 ART297 N2 D H ART298. CP95 ART2 N4 ART78 N1 ART116 ART198. CONST89 ART29 N4.
Jurisprudência Nacional: ASS STJ DE 1989/02/15 IN DR IS-A DE 1989/03/17. AC STJ DE 1986/05/14 IN BMJ N357 PAG226. AC STJ DE 1986/01/19 IN BMJ N361 PAG278. AC STJ DE 1986/02/05 IN BMJ N354 PAG345.
Sumário : I - A escolha dos regimes penais em confronto, para determinar qual o regime concretamente mais favorável para o agente, tem de ser feita em bloco. II - O direito de queixa, uma vez que funciona como condição de procedibilidade insere-se no campo processual; porém, dados os efeitos substantivos que decorrem do seu exercício ou da sua desistência, integram as chamadas leis processuais materiais ou normas processuais de natureza substantiva. III - A ratio político-criminal consagrada no artigo 29, n. 4, 2. parte, da CRP, conduz à...
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