Acórdão nº 048150 de Supremo Tribunal de Justiça (Portugal), 26 de Outubro de 1995 (caso NULL)
Magistrado Responsável | LOPES PINTO |
Data da Resolução | 26 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART40 N1 ART72. CP95 ART2 N4 ART71 ART73 N1 A B. CPP87 ART412 N1.
Sumário : I - São as conclusões que delimitam o âmbito do recurso, salvo havendo questões de conhecimento oficioso, uma das quais é a aplicação na lei no tempo. II - Na vigência do Código Penal de 1982 era jurisprudência constante do Supremo Tribunal de Justiça que o limite da pena na tentativa, quando crime consumado era igual ou inferior a 2 anos, era o de 1 mês de prisão (artigo 40 n. 1). No domínio do Código Penal esse limite é idêntico (parte final da alínea b) do n. 1 do artigo 73) mas o limite máximo é concretamente superior. III - O anterior artigo 72 (Código Penal de 1982) deu lugar ao actual artigo 71 (...
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