Acórdão nº 9230343 de Court of Appeal of Porto (Portugal), 08 de Julho de 1992
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 08 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: CP82 ART20 N1 ART92 N2 ART152 N1 A. CPP87 ART16 N2 B N3 ART36 N2 N5. LOTJ87 ART81 N1 A.
Jurisprudência Nacional: AC RP DE 1991/07/03 IN CJ T4 ANOXVI PAG272.
Sumário: I - A competência material em matéria penal pertence em regra ao tribunal colectivo ou ao tribunal singular consoante a pena máxima aplicável à infracção exceda ou não os 3 anos de prisão, inferindo-se do nº 3 do artigo 16 do Código de Processo Penal, " a contrario sensu " que, no que respeita à aplicação das medidas de segurança criminal, a linha delimitadora da competência material daqueles tribunais é idêntica. II - O nº 2 do artigo 92 do Código Penal, pondo em equação o interesse da liberdade do agente e o interesse da defesa social, cria um período máximo de internamento de quatro anos, a acrescer ao máximo da pena correspondente ao tipo de crime praticado. III - Assim...
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