Acórdão nº 039049 de Supremo Tribunal Administrativo (Portugal), 28 de Julho de 1987 (caso None)
Magistrado Responsável | ANTONIO POÇAS |
Data da Resolução | 28 de Julho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL. DIR CONST.
Legislação Nacional: DL 44939 DE 1963/03/27 ART1 N1 A C. CPP29 ART415 ART418 ART425 ART551 PAR3 PAR4. CONST82 ART32 N1 N5. DL 402/82 DE 1982/09/23 ART51. DL 41/85 DE 1985/08/14. CP82 ART79.
Sumário : I - Para efeitos de aplicação de normas que façam referencia a pena maior (como o artigo 571, paragrafo 3, do Codigo de Processo Penal de 1929), e de acordo com o que dispõe o artigo 1 da Lei n. 41/85, de 14 de Agosto, considera-se desta natureza a pena de prisão cuja medida exceda tres anos no seu limite maximo e que seja igual ou superior a seis meses no seu limite minimo. II - Não corresponde a pena maior uma pena de quatro meses de prisão aplicada a um reu pela pratica de crime de furto de veiculos previsto e punivel pelo artigo 1, n. 1, alinea c), do Decreto-Lei n. 44939, de 27 de...
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