Acórdão nº 040286 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1990 (caso NULL)
Data | 30 Janeiro 1990 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CCIV66 ART1403 ART1405 N1 ART1408 N1. DL 430/83 DE 1983/12/13 ART23 N1 N3 ART24 N1 ART27 G ART35 ART49 N6. CP82 ART65 ART69 N2 ART72 ART107 N1 N3. CPP87 ART283 N3 ART367 N1 N2 ART409 N2. L 69/79 DE 1979/11/03 ART29 N1 ART31 N1 B. CONST82 ART30 N4. DL 401/82 DE 1982/09/23.
Jurisprudência Nacional: AC TC DE 1986/04/20 IN DR IS 1986/06/03.
Sumário : I - A não indicação das disposições legais aplicaveis na acusação, constitui nulidade, nos termos do artigo 283 n. 3 alinea a do Codigo de Processo Penal. II - Tal nulidade, porem, depende de arguição, pelo que, não tendo sido arguida se deve considerar sanada, nada obstando a que o tribunal conheça do crime cujos elementos totais se comprovaram em audiencia de julgamento, mas que não foi objecto de qualificação juridico-criminal. III - A necessidade de prevenir o trafico de drogas atraves da severidade da sua punição não e incompativel com a suspensão da execução das penas cominadas, as quais, mesmo suspensas na sua execução, não perdem a virtualidade de elemento...
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