Acórdão nº 0310341 de Court of Appeal of Porto (Portugal), 16 de Maio de 1990
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 16 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART296 ART297 N1 F. CPP29 ART571 PAR3. L 41/85 DE 1985/08/14 ART1.
Jurisprudência Nacional: AC RP PROC0307302 DE 1988/11/09. AC RP PROC0122693 DE 1989/03/15.
Sumário: I - De acordo com o artigo 1 da Lei número 41/85, de 14 de Agosto, consideram-se penas maiores aquelas em que o limite máximo de prisão seja superior a 3 anos e em que o limite mínimo seja igual ou superior a 6 meses; II - Deve, naqueles termos, considerar-se que foi condenado em pena de prisão maior o arguido que, como autor de dois crimes de furto qualificado ( artigos 296 e 297, número 1, alínea j), do Código Penal ) foi sancionado nas penas parcelares de 1 ano e 3 meses de prisão e 1 ano e 1 mês de prisão e na pena única resultante de...
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