Acórdão nº 96P1441 de Supremo Tribunal Administrativo (Portugal), 05 de Junho de 1997 (caso None)
Magistrado Responsável | ABRANCHES MARTINS |
Data da Resolução | 05 de Junho de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP95 ART77 ART275 N1. CPP87 ART380 N1 B ART403 N1 N2 B N3 ART410 N2 A B. DL 15/93 DE 1993/01/22 ART21 N1 ART22 ART25 A ART26 N3 ART40. PORT 94/96 DE 1996/03/26 ART9.
Jurisprudência Nacional: AC STJ DE 1993/10/27 IN CJSTJ ANOI T3 PAG220. AC STJ DE 1995/01/11 IN BMJ N443 PAG85. AC STJ DE 1995/10/19 IN DR DE 1995/12/28. AC STJ DE 1996/02/07 IN SUM N0 PAG38. AC STJ DE 1996/05/02 IN SUM N1 PAG35. AC STJ DE 1996/06/20 IN SUM N2 PAG55. AC STJ DE 1996/09/20 IN SUM N3 PAG61.
Sumário : I - Não há contradição ao dar-se como provado que o arguido Rui tinha na sua residência perto de 700000 escudos, objectos em ouro no valor de 773210 escudos, um relógio em ouro no valor de 120000 escudos, armas e munições e outros objectos de valor, e como não provado que o dinheiro, bens e valores fossem provenientes da venda de droga ou adquiridas com dinheiro apurado nessa venda. Assim como não é contraditório dar-se como não provada que o arguido não fizesse da venda de droga a sua fonte de rendimento e como provado que a sua fonte de rendimento é antes constituída pela sua actividade comercial. II - O...
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