Acórdão nº 9741033 de Supremo Tribunal Administrativo (Portugal), 17 de Dezembro de 1997 (caso None)
Magistrado Responsável | TEIXEIRA MENDES |
Data da Resolução | 17 de Dezembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART16 N2 C NA REDACÇÃO DO DL 387-E/87 DE 1987/12/29. DL 317/95 DE 1995/11/28. CONST92 ART18 ART29 N4 ART32 N9.
Jurisprudência Nacional: AC RP PROC9640094 DE 1997/02/19.
Sumário: I - Acusado o arguido como autor de um crime de abuso de confiança previsto e punido pelo artigo 300 ns.1 e 2 alínea a) do Código Penal de 1982, punido à data da sua prática com pena de prisão de 1 a 8 anos, sendo então competente para o julgamento o tribunal colectivo, mantém-se a competência deste tribunal, não obstante não poder ser aplicada agora pena superior a 5 anos de prisão ( artigo 205 ns. 1 e 4 alínea a) do Código Penal revisto de 1995). II - Com efeito, vigorava então a redacção dada ao artigo 16 n.2 alínea c) do Código de Processo Penal pelo Decreto-Lei n.387-E/87, de 29 de Dezembro, não sendo aplicável ao cas o o Decreto-Lei n.317/95, de 28 de Novembro que alargou a competência do tribunal singular...
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