Acórdão nº 048613 de Supremo Tribunal de Justiça (Portugal), 17 de Abril de 1996 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 17 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART410 N2. CP82 ART76 N1 N2 ART260 ART297 N2 A C G H ART306 N3 A B N5. CP95 ART2 N4 ART23 N2 ART71 N2 E ART73 N1 N2 A B ART75 N2 ART204 N1 N2 F ART210 N2 A B ART275 N1 N2.
Jurisprudência Nacional: AC STJ PROC36953 DE 1983/05/18. AC STJ PROC36970 DE 1983/06/07. AC STJ PROC47265 DE 1995/02/01. AC STJ DE 1994/04/13 IN CJSTJ ANOI PAG255.
Sumário : I - A condição de verificação de reincidência de se mostrar que a condenação ou condenações anteriores não constituiram suficiente prevenção contra o crime, que se mantém em termos equivalentes do actual Código Penal, não funciona automaticamente, por se tratar de conclusão de direito a extrair pelo tribunal em face do circunstancialismo provado e os factos que a suportam têm de ser alegados pela acusação, para que o arguido deles tenha...
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