Acórdão nº 043516 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1993 (caso NULL)
Magistrado Responsável | TEIXEIRA DO CARMO |
Data da Resolução | 15 de Dezembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: DL 401/82 DE 1982/09/23 ART4 ART5 N1. CPP87 ART410 N2 N3 ART433. CP82 ART9 ART13 ART26 ART30 N1 ART72 ART73 ART74 ART176 N1 N2 ART201 N1.
Sumário : I - Como se estatui no n. 1 do artigo 30 do Código Penal, "o número de crimes determina-se pelo número de tipos de crimes efectivamente cometidos, ou pelo número de vezes que o mesmo tipo de crime for preenchido pela conduta do agente". II - Exceptuam-se as situações de crime continuado - n. 2 do mesmo artigo 30 - e do concurso legal ou aparente, sendo que, nos casos de violação plúrima do mesmo tipo de crime, dentro do critério teleológico consagrado no citado normativo, é devido ainda apurar se apenas houve...
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