Acórdão nº 039292 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | ALMEIDA SIMÕES |
Data da Resolução | 27 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART22 ART23 ART48 N2 ART74 ART236 ART314 C. DL 48912 DE 1969/03/18 ART63. DL 400/82 DE 1982/09/23 ART4 N2 A. CP886 ART88 ART94 ART451 PAR1. CPP29 ART667. CONST82 ART13 N2. DECUDH ART1 ART2 ART7.
Referências Internacionais: DECUDH ART1 ART2 ART7.
Sumário : I - Aplicado o regime punitivo do Codigo Penal de 1886, por ser o que, no caso, concretamente mais favorece o agente do crime, não pode o julgador recorrer ao regime do Codigo de 1982, para determinar a verificação dos pressupostos de aplicação da suspensão da execução da pena, porque isso equivaleria a criar um terceiro Codigo Penal. II - A expressão condições de sua vida, utilizada no n. 2 do artigo 48 do Codigo Penal de 1982, correspondia, no artigo 88 do Codigo Penal de 1886, algo a inserir-se na formula mais ampla de comportamento moral do delinquente; nenhuma destas expressões e associada ao status do cidadão delinquente, mas sim ao modo como este se conduziu ou vem conduzindo e a forma como resolveu percorrer os caminhos do crime. III - A condição social equivale a origem social...
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