Acórdão nº 0225059 de Court of Appeal of Porto (Portugal), 28 de Novembro de 1990
Magistrado Responsável | HERNANI ESTEVES |
Data da Resolução | 28 de Novembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART118 N2 B ART120 N1 C ART320 N1 N2 N4. CP86 ART125 PAR4 N1. DL 21740 DE 1932/10/14 ART6.
Sumário: I - Tratando-se de crimes continuados, nos termos do artigo 118, n. 2, alínea b) do Código Penal, o prazo de prescrição do procedimento criminal corre desde o dia da prática do último acto criminoso, como já era entendido no Código Penal de 1886; II - Verificando-se a prática de crimes continuados de usura e extorsão, tal prazo é de cinco anos, seja face ao actual Código, seja face ao Código Penal de 1886; III - Neste, a acusação suspendia o prazo prescricional - artigo 125, parágrafo 4, n. 1, naquele a precrição interrompe-se com a notificação do despacho de pronúncia - artigo 120, n. 1, alínea c); IV - Constatando-se que, quer de acordo com o Código Penal de 1986, quer com o actual, não ocorreu tal prazo, porque suspenso por aquele diploma e interrompido por este, não é de declarar a eventual prescrição do procedimento criminal; V - Não se provando, no...
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