Acórdão nº 041743 de Supremo Tribunal Administrativo (Portugal), 16 de Maio de 1991 (caso None)
Magistrado Responsável | LOPES DE MELO |
Data da Resolução | 16 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CONST89 ART29 N5. CP82 ART72 N2 A B F. CPP87 ART410 N1.
Sumário : I - Em recurso interposto do acórdão de um tribunal colectivo reunido só para organizar o cúmulo jurídico e fixar a respectiva pena única, de três penas parcelares aplicadas a três crimes de estupefacientes com decisões já transitadas em julgado nos dois processos distintos, o Supremo Tribunal de Justiça não pode conhecer, por via de recurso, de questões que estavam subtraídas ao conhecimento do tribunal de grau inferior (artigos 410, n. 1, do Código de Processo Penal e 29, n. 5 da Constituição da República Portuguesa). II - Portanto, não pode o Supremo Tribunal de Justiça, nesse recurso, rever ou contrariar as decisões transitadas que julgaram improcedentes as excepções de litispendência e caso julgado e fixaram as aludidas três penas parcelares. III - Não pode, assim, o Supremo Tribunal de Justiça ir além de verificar a conformidade do julgamento com as normas legais aplicáveis. IV - No artigo 78 do Código Penal estabelecem-se dois regimes distintos: a punição do...
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