Acórdão nº 038578 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1986 (caso None)
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 16 de Julho de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CPP29 ART63 ART69. DL 402/82 DE 1982/09/23. CP82 ART296 ART299. DL 41/85 DE 1985/08/14.
Sumário : I - De harmonia com o disposto no artigo 63 do Codigo de Processo Penal, na redacção introduzida pelo Decreto-Lei n. 402/82, de 23 de Setembro, o que releva para efeitos de determinação da forma de processo de querela e o limite maximo da pena de prisão e não seu limite minimo. II - A Lei n. 41/85, de 14 de Agosto, que apenas criou um regime transitorio de equivalencia, entre certas penas de prisão previstas na nova lei substantiva e as antigas penas de prisão maior previstas na legislação anterior, para os efeitos expressamente previstos no seu artigo 1, nenhum reflexo pode ter no criterio estabelecido pelo artigo 63 do Codigo de Processo Penal. III - A infracção prevista no artigo 299 do Codigo Penal e um crime autonomo, distinto do crime...
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