Acórdão nº 040818 de Supremo Tribunal Administrativo (Portugal), 02 de Maio de 1990 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 02 de Maio de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
LegislaÁ„o Nacional: CP82 ART2 N2 ART22 N1 N2 B ART23 N1 N2 ART72 ART74 N1 A ART131. CPP29 ART667 PAR1 N2. DL 78/87 DE 1987/02/17 ART7 N1. CPP87 ART5. CONST82 ART29 N2.
Sum·rio : I - Para efeito do artigo 7 n. 1 do Decreto-Lei n. 78/87 de 17 de Fevereiro que aprovou o novo Codigo de Processo Penal, o processo considera-se instaurado no momento em que a participaÁ„o inicial e apresentada. II - Sendo aplicavel a determinado processo penal o Codigo de Processo Penal de 1929, pode ter lugar a "reformatio in pejus" prevista no seu artigo 667 paragrafo 1 n. 2. III - Sendo autonomo o direito processual penal em relaÁ„o ao direito penal, n„o e legitimo transportar um principio deste ultimo ordenamento para aquele, dai que n„o possa retirar-se do artigo 29 n. 4 da Const. da Rep., ao referir-se ao direito penal, a conclus„o de que o artigo 667 paragrafo 1 n. 2 do Codigo Penal de 1929 e inconstitucional. IV - No artigo 2 n. 2...
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