Acórdão nº 042742 de Supremo Tribunal Administrativo (Portugal), 04 de Novembro de 1992 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 04 de Novembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM.
Legislação Nacional: CPP87 ART141 N5 ART344 N1 ART374 N2 ART379 ART410 N2. DL 430/83 DE 1983/12/13 ART23 N1 ART27 G ART31 N2. CCIV66 ART352 ART874 ART879 C ART885. CP82 ART26 ART72.
Sumário : I - O narco-tráfico é um crime de tracto sucessivo, em que a mera detenção da droga é já punida como crime consumado dada a sua vocação para ser traficada - é um delito de perigo presumido. II - Comete o crime de tráfico de estupefaciente, como co- -autor, nos termos do disposto no artigo 26 do Código Penal, todo aquele que toma parte directa na execução da venda da droga feita por outrem, desde que esteja ao corrente do que se está a passar. III - O artigo 374 n. 2 do Código de Processo Penal não impõe que sejam enunciados os factos determinantes da convicção que os julgadores alcançaram ao longo da exibição da prova perante eles produzida, mas apenas a indicação dos...
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