Acórdão nº 03P168 de Supremo Tribunal de Justiça (Portugal), 06 de Fevereiro de 2003
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 06 de Fevereiro de 2003 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam no Supremo Tribunal de Justiça 1. Por acórdão de 21 de Dezembro de 2001, foi o arguido JAVMR condenado, pela prática, em co-autoria material, de um crime de burla qualificada, p. e p. pelos artigos 217.º, n.º 1, e 218.º, n.º 2, a), do Código Penal, além do mais, na pena de 3 anos de prisão, suspensa na sua execução pelo período de dois anos. Inconformado, recorreu à Relação de Lisboa, que, por acórdão de 11 de Julho de 2002, decidiu rejeitar o recurso por manifesta improcedência. De novo irresignado, o arguido interpôs recurso para o Supremo Tribunal de Justiça. O MP junto do tribunal a quo - no que foi seguido pelo Exmo. Procurador-Geral Adjunto no Supremo Tribunal - manifestou-se pela rejeição do recurso, por irrecorribilidade da decisão. No despacho preliminar o relator teve por pertinente aquela questão prévia suscitada pelo MP na resposta à motivação de recurso. Daí que os autos tenham vindo à conferência. 2. Colhidos os vistos legais, cumpre decidir. Não é admissível recurso, nomeadamente, "de acórdãos condenatórios proferidos, em recurso, pelas relações, que confirmem decisão de primeira instância, em processo por crime a que seja aplicável pena de prisão não superior a oito anos, mesmo em caso de concurso de infracções". - art.º 400.º, n.º 1, f), do Código de Processo Penal. No caso, como resulta claro do disposto da conjugação dos artigos 217.º, n.º 1, e 218.º, n.º 2, a), do Código Penal, a pena correspondente ao...
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