Acórdão nº 040623 de Supremo Tribunal Administrativo (Portugal), 31 de Janeiro de 1990 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 31 de Janeiro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART30 N2 ART72 ART73 ART74 N1 ART78 N1 N2 N5 ART86 ART88 ART296 ART297 N1 A N2 D H ART313 N1 ART329 N1 N2 N3. CP886 ART94. CONST76 ART16 N2 ART32 N1 ART210 N1. CPP29 ART665. CPP87 ART450 ART469 ART668 N1 B. CPC67 ART653 N2 ART659. DL 420/70 DE 1970/09/30. DL 430/83 DE 1983/12/13. L 29/78 DE 1978/06/12. L 65/78 DE 1978/10/13. DL 264-C/81 DE 1981/09/03 ART43 C ART56. L 41/85 DE 1985/08/14 ARTUNICO.
Referências Internacionais: DECUDH ART11 N1. CONV EDH ART6 N1. PT INT DOS DIREITOS CIVIS E POLITICOS DE 1966/12/16 ART14 N5.
Jurisprudência Nacional: AC STJ DE 1983/02/17 IN BMJ N324 PAG440. AC RP DE 1983/03/09. AC STJ DE 1983/11/26 IN BMJ N323 PAG209. AC STJ DE 1986/10/29 IN BMJ N360 PAG494. AC TC DE 1984/03/25. ASS STJ DE 1944/07/28 IN DG IS 1944/08/22.
Sumário : I - Do confronto das varias disposições do artigo 74 do Codigo Penal resulta que esteve no pensamento do legislador evitar uma atenuação da pena quase sem limites e desordenada, como sucedia na vigencia do Codigo Penal de 1886, sendo inviavel qualquer atenuação especial quando as penas cominadas foram fixadas muito abaixo do quantum maximo resultante da aplicação do n. 1 do citado artigo 74. II - A figura do crime continuado pressupõe, alem do mais, que a execução plurima do mesmo crime ou de crimes...
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