Acórdão nº 038644 de Supremo Tribunal Administrativo (Portugal), 10 de Dezembro de 1986 (caso None)
Magistrado Responsável | ALMEIDA SIMÕES |
Data da Resolução | 10 de Dezembro de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM. CRIM C/SOCIEDADE.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART24 N1 N3 ART27 B ART36. CP82 ART30 N1 ART73 ART74 N1 B. CP26 ART446 PARUNICO ART447 ART448. L 16/86 DE 1986/06/11 ART1 J ART13 N1 H. CP886 ART94.
Jurisprudência Nacional: AC STJ PROC38345 DE 1986/04/30.
Sumário : I - A detenção, pelo reu, de 26,423 gramas de haxixe, contendo "cannabis sativa l", substancia incluida na tabela I-C, anexa ao Decreto-Lei n. 430/83, de 13 de Dezembro, destinada a venda a terceiros, integra a pratica do crime previsto no artigo 23, n. 1, daquele diploma, e não a do crime previsto no artigo 24, ns. 1 e 3, não interessando que a comercialização se materialize em maiores ou menores proporções, mas a quantidade total na posse do reu, que não pode ser considerada diminuta. II - O trafico ilicito de substancia estupefaciente e a detenção dessa substancia para consumo pessoal correspondem a duas infracções...
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