Acórdão nº 038374 de Supremo Tribunal Administrativo (Portugal), 11 de Junho de 1986 (caso None)
| Magistrado Responsável | ALMEIDA SIMÕES |
| Data da Resolução | 11 de Junho de 1986 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO. DIR PROC PENAL- RECURSOS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CP886 ART94 ART421 N4 PARÚNICO ART450 N1. CP82 ART73 ART128 ART297 N1 A ART301 N1 ART313 N1. CPP29 ART34 PAR2 ART666 ART667. CCIV66 ART483 ART496 ART562. CPC67 ART729 N1 N3. DL 28/79 DE 1979/02/22.
Sumário : I - Quer no Código Penal vigente, quer no anterior, o grau de culpa é o elemento nuclear da concreta medida da pena. II - Só por lapso se exarou nas Actas da Comissão Revisora do Código Penal ter Eduardo Correia afirmado que "o procedimento normal e correcto dos juizes seria utilizar, como ponto de partida, a média...
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