Acórdão nº 041951 de Supremo Tribunal Administrativo (Portugal), 03 de Julho de 1991 (caso None)
Magistrado Responsável | FERNANDO SEQUEIRA |
Data da Resolução | 03 de Julho de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL.
LegislaÁ„o Nacional: CPP87 ART491. CP82 ART30 N2 ART78 N1 ART79 N1.
JurisprudÍncia Nacional: AC STJ PROC40609 DE 1990/02/07. AC STJ PROC41764 DE 1991/06/26. AC STJ DE 1986/02/26 IN BMJ N394 PAG345. AC STJ DE 1985/11/19 IN BMJ N361 PAG273.
Sum·rio : I - E jurisprudencia uniforme do Supremo Tribunal de JustiÁa que n„o ha violaÁ„o da lei quando em nova sentenÁa se n„o mantem a supens„o da execuÁ„o de uma pena parcelar que entra na formaÁ„o do cumulo, dado que os principios que regem o caso julgado se n„o estendem a suspens„o da pena mas so a medida desta, como resulta do artigo 30 n. 2 do Codigo Penal e do artigo 491 n. 2 do Codigo de Processo Penal. II - Na determinaÁ„o da...
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