Acórdão nº 048550 de Supremo Tribunal de Justiça (Portugal), 27 de Março de 1996 (caso NULL)
| Magistrado Responsável | ANDRADE SARAIVA |
| Data da Resolução | 27 de Março de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP82 ART30 N2 ART78 N2 ART300 N1 N2 A. CP95 ART78 N2.
Jurisprudência Nacional: AC STJ DE 1963/02/27. AC STJ DE 1961/12/20 IN BMJ N112 PAG377.
Sumário : I - Se o autor de um crime de abuso de confiança, praticado sob a forma continuada, e que por ele foi condenado, levar a cabo nova actividade delituosa que se integra na mesma continuação criminosa, há que tomar em consideração o disposto no artigo 78 n. 5 do Código Penal de 1982. II - Sendo o réu condenado por um crime continuado e descobrindo-se depois novas actividades que se integram na mesma continuação criminosa e que agravam a sua responsabilidade, deve haver condenação pelas actividades ulteriores descobertas, mas respeitando a natureza unitária do crime continuado, aplicando-se uma pena em que a anterior fique...
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