Acórdão nº 041473 de Supremo Tribunal Administrativo (Portugal), 03 de Abril de 1991 (caso None)
| Magistrado Responsável | JOSE SARAIVA |
| Data da Resolução | 03 de Abril de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART48 ART72 ART78 N1 ART296 ART297 N1 G N2 C D.
Sumário : I - Sendo requisitos do crime continuado: a) a realização plurima do mesmo tipo de crime ou de varios tipos de crime que fundamentalmente protejam os mesmos bens juridicos, b) a execução por forma essencialmente homogenea no quadro de solicitação de uma mesma situação exterior que diminua consideravelmente a culpa do agente, não se verifica esta figura juridica quando o agente e toxico-dependente e e solicitado a pratica dos factos criminosos, não pela pressão de uma situação exterior favoravel, mas sim por uma força interior de carencia de estupefacientes que o arrasta a conseguir o produto mesmo com sacrificio de interesses penalmente protegidos. II - Face ao...
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