Acórdão nº 0314753 de Supremo Tribunal Administrativo (Portugal), 15 de Julho de 1993 (caso None)
Data | 15 Julho 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: FIGUEIREDO DIAS DIREITO PROCESSUAL PENAL PAG199.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CPP87 ART127 ART97 N4 ART374 ART379 A ART60 ART193 ART204 ART201 N1 A ART209 ART94 N4 ART196. CP82 ART9 ART73 ART74 ART306 N1 N3 B ART313 N1 A ART385 ART61 ART82. DL 401/82 DE 1982/09/23 ART1 ART4. CONST76 ART32 N1 ART208 N1 ART32 N2.
Sumário: I - Ao arguido, que é delinquente primário, menor de 21 anos de idade, portanto sujeito a regime especial aplicável aos maiores de 16 anos e menores de 21 (artigos 9 do Código Penal, 1 a 6 e Decreto-Lei n. 401/82, de 23 de Setembro), que confessou os factos, tem contrato de trabalho, e com posterior reinserção na família que agora o acompanha e apoia, não obstante a imputação de um crime roubo, previsto e púnivel pelo artigo 306, n. 1 e 3, al. b), e de um outro de ofensa a funcionário, pp no artigo 385 CP, será de lhe aplicar medida coactiva de caução, e não de prisão preventiva, já que não ocorrem, in casu, quaisquer requisitos gerais previstos no artigo 204 do 204 do Código de Processo Penal. II - Com efeito, a prisão preventiva é uma providência cautelar que o juiz aplica, em sua prudência, quando a gravidade do crime, indiciariamente, imputado ao...
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