Acórdão nº 043300 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1993 (caso NULL)
Data | 30 Junho 1993 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CPP87 ART410 N2 N3 ART433. DL 430/83 DE 1983/12/23 ART24 N3. DL 401/82 DE 1982/09/23 ART4. L 15/93 DE 1993/01/22 ART25 A ART26 N3 ART40 N2. CP82 ART2 N4 ART48.
Sumário : I - Quantidade diminuta de estupefacientes segundo a lei e a jurisprudência do Supremo Tribunal de Justiça é a necessária para o consumo individual durante um dia e andará à volta de 2 gramas, com tolerância até 2,5 gramas do produto. II - Segundo a nova legislação para o crime de tráfico e consumo de estupefacientes, a quantidade de 2,860 gramas de estupefaciente detida pode ser considerada como "quantidade diminuta". III - Não pode ser aplicado o regime do Decreto-Lei 401/82 a jovem delinquente, traficante de estupefacientes uma vez que não se mostrou arrependido do crime que praticou, não havendo assim, razões sérias para concluir por vantagens da sua reinserção social fora da prisão...
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