Acórdão nº 9110752 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1991
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 18 de Dezembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART198. DL 430/83 DE 1983/12/13 ART23 ART24 N1 N3.
Jurisprudência Nacional: AC RP DE 1986/03/12 IN BMJ N355 PAG437. AC RP DE 1987/01/28 IN CJ T1 ANOXII PAG258. AC RC DE 1984/06/13 IN CJ T3 ANOIX PAG102. AC STJ DE 1986/04/30 IN BMJ N356 PAG166.
Sumário: 1- Atribuir ao exame laboratorial, impossivel de realizar no caso, valor decisivo e exclusivo na determinação da natureza do produto, quando todos os indicios apontam para que se trata efectivamente de estupefacientes, e violar o art. 198 do C.P.P.29. 2- Provado que o R. vendeu, pelo menos durante o ano de .... a F...., em trinta ocasiões...
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