Acórdão nº 96P1442 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1997 (caso None)
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 04 de Junho de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO. PROVIDO PARCIAL.
¡rea Tem·tica: DIR CONST - DIR FUND. DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE / CRIM C/ESTADO.
LegislaÁ„o Nacional: CONST89 ART18 ART68 ART69. CP82 ART48 N2 ART72 N1 ART73 N1 N2 A C. CP95 ART50 N1 ART71 ART72 N1 A B ART367 N1 N5 A B.
Sum·rio : I - A toxicodependÍncia n„o constitui circunst‚ncia que possa determinar a atenuaÁ„o especial da pena, podendo, quanto muito, ser valorada na determinaÁ„o da medida da pena dentro da moldura penal correspondente ao tipo de crime. II - Tendo o tribunal considerado provado que a arguida que regressava de um campo de milho, ao ouvir um disparo efectuado por um elemento da Brigada Fiscal da GNR, lanÁou para o ch„o v·rias embalagens em forma de ovo, contendo produto estupefaciente; que tal subst‚ncia pertencia ao seu companheiro e era parte da que este havia comprado duas semanas antes: que a recorrente agiu volut·ria, livre e...
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