Acórdão nº 041018 de Supremo Tribunal Administrativo (Portugal), 19 de Setembro de 1990 (caso None)
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 19 de Setembro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMONIO. DIR PROC PENAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART25 N1. CP82 ART26 ART48 N1 N2 ART73 ART74 ART296 ART297 N1 A N2 C D H. CPP87 ART358 ART406 ART408 ART409 ART427 ART432.
Sumário : I - Não viola o disposto nos artigos 25, n. 1, e 23, n. 1, do Decreto-Lei 430/83, mas antes o disposto no artigo 23, n. 1, do mesmo diploma, o arguido que compra e vende estupefacientes sem que resulte da prova que teve por formalidade exclusiva com os lucros da venda a terceiros de haxixe, heroina e cocaina, conseguir substancias ou preparados para seu uso pessoal. II - A atenuação especial da pena so pode ser decretada quando haja fundamento legal para ela, ou seja, quando ocorram circunstancias anteriores ou posteriores ao crime, ou dele contemporaneas...
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