Acórdão nº 039506 de Supremo Tribunal Administrativo (Portugal), 11 de Maio de 1988 (caso None)
Data | 11 Maio 1988 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART2 N4 ART22 ART23 N2 ART72 N2 ART73 N2 D ART74 N1 A ART131. CPP29 ART667.
Sumário : I - O decurso de um largo periodo temporal apos a infracção, com o esquecimento ou forte atenuação de efeito abalador daquela na comunidade, e a presumivel recuperação social do delinquente, quando tenha boa conduta, pode justificar uma punição sensivelmente atenuada, de acordo com a "alteração das circunstancias". II - A punição não atempada ou desajustada as circunstancias de tempo e susceptivel de criar a sua rejeição pelo sentimento de justiça comunitario. III - O pensamento referido nos numeros anteriores esta subjacente a norma da alinea d) do n. 2 do artigo 73 do Codigo Penal, ao permitir a atenuação especial da pena no caso de "ter decorrido muito tempo sobre a pratica do crime, mantendo o agente boa conduta". IV - Sendo muito amplo o periodo temporal (oito anos) decorrido depois da pratica da infracção, e sendo o reu delinquente primario, tal circunstancia depõe relevantemente a favor do mesmo, conquanto não se prove a boa conduta, embora fora...
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