Acórdão nº 040269 de Supremo Tribunal de Justiça (Portugal), 04 de Outubro de 1989 (caso NULL)
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 04 de Outubro de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART43 ART48 ART76 N1. L 30/86 DE 1986/08/22 ART32 N2.
Sumário : I - Embora não seja reincidente (artigo 76, n. 1, do Código Penal, e a Lei n. 13/86, artigo 32, n. 2), não deve substituir-se a prisão por multa (artigo 43 do Código Penal) nem suspender-se a pena única de prisão (artigo 48 do mesmo Código) de 45 dias aplicada a um arguido por dois crimes (um de caça sem carta de caçador e outro de desobediência aos guardas florestais) praticados no dia 22/11/87, data em que também cometeu na mesma ocasião, duas contra- -ordenações (uma de caça sem licença e outra de caça sem seguro). II - Visto ter praticado poucos dias antes (em 15 de Outubro de 1987) ilícitos idênticos (com excepção de desobediência), pelos quais fora condenado no mesmo tribunal em multas (no dia 16 de Outubro de 1987), condenação essa que não constituiu suficiente prevenção contra o crime, tendo...
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