Acórdão nº 038774 de Supremo Tribunal Administrativo (Portugal), 29 de Abril de 1987 (caso None)
Magistrado Responsável | PINTO GOMES |
Data da Resolução | 29 de Abril de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL. DIR TRIB - DIR CUSTAS JUD.
LegislaÁ„o Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART25 N1 ART36. CCJ62 ART189 N2 ART192 N2. CPC67 ART672 ART729 N3. CPP29 ART447 ART448 ART666. LOTJ87 ART30. CP82 ART1 N3 ART30 ART72 ART73 N1. CP886 ART123 PAR1. L 16/86 DE 1986/06/11 ART13 N1.
JurisprudÍncia Nacional: AC STJ PROC38644 DE 1986/01/03.
Sum·rio : I - A posse, pelo reu, de 17,5 gramas de heroina e de 4,113 gramas de "Cannabis Sativa L", estupefacientes em parte destinadas a venda lucrativa e noutra parte ao consumo proprio, integra a pratica de um crime previsto e punivel pelo artigo 23, n. 1, do Decreto-Lei n. 430/83, de 13 de Dezembro, em concurso real com a pratica de um crime previsto e punivel pelo artigo 36, n. 1, do mesmo diploma, estando em causa a protecÁ„o, por aquelas normas, de bens juridicos diferentes. II - Verificando-se, porem, que o reu apenas foi acusado pela pratica do primeiro mencionado crime, ficaram fixados, no caso, os poderes de cogniÁ„o do tribunal, sendo irrelevantes os factos alegados pelo reu em sua defesa, relativos ao consumo de estupefacientes, no...
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