Acórdão nº 047295 de Supremo Tribunal de Justiça (Portugal), 09 de Outubro de 1996 (caso NULL)
| Data | 09 Outubro 1996 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: RENÉ GARRAUD IN TRAITÉ THEORIQUE ET PRATIQUE DU DROIT PENAL FRANÇAIS TOMO4 PAG80-81-83 1ED.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART72 ART167 N1 ART228 N1 A ART229 N3 ART231 N1 ART287 ART288 N1 A N2 ART313 ART314 C ART329. CP95 ART2 N4 ART217 ART218 N2 A ART256 N1 A N3 ART299. CPP87 ART127 ART410 ART426 ART433. L 23/91 DE 1991/07/04 ART1 K. DL 48/95 DE 1995/03/15. L 15/94 DE 1994/05/11.
Legislação Estrangeira: CP FRANçÊS ART132-71.
Sumário : I - Para se verificar o crime de associação criminosa é necessário: a) A existência de uma associação (grupo) com a finalidade de cometer crimes; b) Que haja uma organização permanente; c) E, em consequência, que entre os seus membros se observem laços de disciplina e de hierarquia. II - O bem jurídico protegido pelo tipo legal de crime de associação criminosa é a ordem e a tranquilidade pública, e a necessidade de...
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