Acórdão nº 041309 de Supremo Tribunal Administrativo (Portugal), 14 de Novembro de 1990 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 14 de Novembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART46 N2 ART72 ART73. CPP87 ART1 F ART165 ART340 ART374 N1 D N2 N3 B ART409 ART410 N2 A N3 ART449 N1 D ART436. DL 430/83 DE 1983/12/13 ART4 ART23 N1 ART24 N3 ART27 B C G ART31 N2.
Sumário : I - Indemonstrado que tenha chegado a haver comercialização e distribuição de cocaina, e que tenha havido intervenção de terceiros na detenção desta droga depois que o arguido a passou a deter, falham os pressupostos para a agravação vislumbrada pela acusação ao citar as alineas b) e g) do do artigo 27 do Decreto-Lei 430/83, de 13 de Dezembro. II - No artigo 23, n. 1 do citado Decreto-Lei não se estabelece qualquer proporcionalidade entre a pena de prisão e de multa. III - No entanto, parece obvio, ate por cotejo com a regra do artigo 46, n. 2 do Codigo Penal que o referencial a ter em consideração sera o da situação economica e financeira do agente e dos seus encargos pessoais (confere artigo 72 do Codigo Penal). IV - No caso, o arguido traficante, detinha, como correio 4,141 Kg de cocaina, tem boa situação economica...
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