Acórdão nº 047608 de Supremo Tribunal de Justiça (Portugal), 28 de Fevereiro de 1996 (caso NULL)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 28 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 N1 ART24 C ART34 N1 DL 59/93 DE 1993/03/03 ART65 C. CP82 ART72. CP95 ART71.
Sumário : I - A individualização da pena far-se-à essencialmente em função da culpa e da ilicitude, das motivações do crime, das exigências da prevenção geral e demais circunstâncias que deponham a favor ou contra o agente. II - Sabendo um arguido que o veículo automóvel de um seu co- -arguido, em que este o transportava da Holanda para Lisboa, transportava também 2,800 quilogramas de heroína, a qual chegou mesmo a arrumar no pneu de reserva e a cuja venda procedeu em parte, já em Portugal, sabendo da natureza proíbida de tal transporte e venda, agiu ele com elevada culpa e também elevada é a ilicitude da sua conduta, justificando-se que lhe haja sido aplicada a pena de 10 anos de prisão como autor do crime da previsão dos artigos 21, n. 1 e 24, alínea c) do Decreto-Lei 15/93, uma vez que eram de pouco valor as atenuantes provadas a seu favor. III - As exigências de prevenção geral do narcotráfico impõem a necessidade de severidade da sua punição, pois a adulteração física e psíquica dos...
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