Acórdão nº 0259543 de Supremo Tribunal Administrativo (Portugal), 10 de Outubro de 1990 (caso None)
| Magistrado Responsável | ROCHA MOREIRA |
| Data da Resolução | 10 de Outubro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART117 N1 B C.
Sumário: Com fundamento em que "foi aplicada ao réu a pena de 3 anos de prisão" não se deve aplicar ao caso a alínea b) do número 1, artigo 117 do Código Penal mas o disposto na alínea c) desse preceito. Para efeitos de prescrição deverá atender-se, não à pena efectivamente aplicada findo o julgamento, mas à pena que corresponde em abstracto à infracção cometida. A letra da lei não deixa lugar para grandes dúvidas...
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