Acórdão nº 9710678 de Supremo Tribunal Administrativo (Portugal), 04 de Março de 1998 (caso None)
| Data | 04 Março 1998 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR JUDIC - ORG COMP TRIB. DIR PROC PENAL.
Legislação Nacional: CP82 ART2 N4. CPP87 ART24 N1 C. CONST92 ART18 N1 ART32 N7.
Jurisprudência Nacional: AC RP DE 1996/11/06 IN CJ T5 ANOXXI PAG231.
Sumário: I - É possível determinar em abstracto qual o regime de normas penais substantivas que se mostra mais favorável ao arguido ( artigo 2 n.4 do Código Penal ). II - De acordo com o princípio do juiz natural ou juiz legal consagrado na Constituição da República resulta a necessidade da competência material para o julgamento decorrer de uma lei prévia à prática do facto, pelo que se à data deste era competente para o julgamento o tribunal colectivo, tal competência mantém-se não obstante uma posterior alteração legislativa estabelecer...
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