Acórdão nº 041937 de Supremo Tribunal Administrativo (Portugal), 14 de Novembro de 1991 (caso None)
Data | 14 Novembro 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART27 C G ART28 ART31. CP82 ART71 ART72 ART73 N2 A B C ART74 ART287. CP886 ART263. L 23/91 DE 1991/07/04.
Jurisprudência Nacional: AC STJ DE 1983/12/14 IN BMJ N332 PAG325. AC STJ PROC38085 DE 1986/02/26. AC STJ DE 1987/12/09. AC STJ PROC38072 DE 1986/04/30. AC STJ DE 1991/07/04.
Sumário : I - Não se provando que a confissão dos arguidos recorrentes não foi decisiva para a captura dos demais arguidos não se pode aplicar o disposto no artigo n. 31 do Decreto-Lei 430/83. II - Para a graduação e aplicação em concreto das penas conhecidas no Código Penal deve partir-se da média do seu limite mínimo e máximo , fazendo incidir, depois para a sua fixação, acima ou abaixo dessa medida o valor do circunstancialismo agravativo e alternativo. III - O n. 1 do artigo 23 do Decreto-Lei 430/83 não faz a distinção entre drogas "duras" e "leves". IV - O direito estrangeiro é uma pista e um ponto de referência em sede de direito comparado quando inexista no país legislação própria, caso contrário há que simplesmente aplicá-la. V - Pelo facto do país estrangeiro punir mais severamente o crime de tráfico de estupefacientes, ou qualquer outro, e a droga se destinar a esse país, não se pode aplicar aquelas penas, mas sim...
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