Acórdão nº 038025 de Supremo Tribunal Administrativo (Portugal), 30 de Abril de 1986 (caso None)
| Magistrado Responsável | VASCONCELOS DE CARVALHO |
| Data da Resolução | 30 de Abril 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 / CRIM C/ESTADO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP886 ART35 ART86 ART96 PARÚNICO ART102 ART421 N1 N2 ART426 N7 ART427. CP82 ART76 N1 ART296 ART297 N2 D. CPP29 ART285 A. L 17/82 DE 1982/07/02 ART2 P ART5 ART7. DL 400/82 DE 1982/09/23 ART6.
Jurisprudência Nacional: AC STJ DE 1984/05/25 IN BMJ N337 PAG291.
Sumário : I - O artigo 6 do Decreto-Lei 400/82 de 23 de Setembro não revogou o artigo 285 alínea a) do Código de Processo Penal de 1929. II - Em 1981, o valor de 648 escudos não era "insignificante", para efeitos do n. 3 do artigo 297 do Código Penal, por superior a um dia de salário mínimo. III - Face ao artigo 86 do Código Penal de 1886, a prisão só seria substituida por multa, quando houvesse atenuantes e não militassem agravantes reveladoras de propensão criminosa. IV...
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