Acórdão nº 9051245 de Court of Appeal of Porto (Portugal), 08 de Maio de 1990
Data | 08 Maio 1990 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART14 N2 B ART15 ART16. CP82 ART296 ART297 ART79. CPP29 ART63 ART64 ART65. L 82/77 DE 1977/12/06 ART51 N1 A. DL 605/75 DE 1975/11/03 ART7.
Sumário: I - A jurisprudência praticamente pacífica do Supremo Tribunal de Justiça, no domínio do Código Penal de 1886 era no sentido de que ao Tribunal Colectivo competiria o julgamento de um réu acusado da prática de um crime punível com pena correccional quando existisse a possibilidade de aplicação de uma pena unitária de prisão maior em consequência de anterior condenação em pena desta última natureza, o que se baseava nos artigos 63, 64 e 65 do Código de Processo Penal de 1929 e 51, nº 1, alínea a) da Lei nº 82/77 e artigo 7 do Decreto-Lei nº 605/75, que inculcariam a ideia de que as infracções cometidas pelo mesmo agente seriam todas julgadas pelo tribunal competente para o julgamento da infracção mais grave; II - Tal orientação é de manter, uma vez que, quando na lei se diz - artigo 14, nº 2, alínea b) do Código de Processo Penal -, que ao Tribunal Colectivo compete julgar os processos que, não devendo ser julgados pelo tribunal singular, respeitarem a crimes cuja pena máxima, abstractamente aplicável, for superior a três anos de prisão o que pretende significar-se é que a competência atribuída ao Tribunal Colectivo terá de abranger também os casos em que a pena máxima, abstractamente aplicável, seja superior a três anos de prisão apenas em resultado ao concurso de crimes; III - O superveniente conhecimento de um concurso de infracções é suficiente para impôr, só...
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