Acórdão nº 038583 de Supremo Tribunal Administrativo (Portugal), 22 de Outubro de 1986 (caso None)
| Magistrado Responsável | VILLA NOVA |
| Data da Resolução | 22 de Outubro de 1986 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART666. L 82/77 DE 1977/12/06 ART30. CP886 ART360 N5. CP82 ART2 N4 ART128 ART143 A B. CCIV66 ART496 N1 N3. L 16/86 DE 1986/06/11 ART13 N1 B.
Sumário : I - De acordo com o disposto no artigo 2, n. 4 do actual Código Penal, quando as disposições penais vigentes no momento da prática do facto punível forem diferentes das estabelecidas em leis posteriores, será sempre aplicado o regime que, concretamente, se mostre mais favorável ao agente, salvo se este já tiver sido condenado por sentença transitada em julgado. II - O cômputo da indemnização, em resultado da prática de um crime, é regulado pela lei civil - artigo 128 do Código Penal - sendo o montante da indemnização fixado pelo tribunal, tendo em atenção as seguintes circunstâncias: danos...
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