Acórdão nº 9230389 de Court of Appeal of Porto (Portugal), 07 de Outubro de 1992
| Data | 07 Outubro 1992 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: CP86 ART10 ART263 ART263-A. CP82 ART288 N2 E ART289 N1 ART308 ART309 N1. CPP29 ART148 ART149 ART153.
Sumário: I - Pressuposto da existência da excepção de caso julgado penal é que se trate, na nova acção, do julgamento pelos mesmos factos ( cfr. artigo 148, do Código de Processo Penal de 1929 ). II - O fulcro da unidade do objecto processual há-de ser sempre " a concreta e hipotética violação jurídico-criminal acusada ". III - O tipo de ilícito de associação criminosa constitui um tipo de crime de perigo abstracto, tutelando um autónomo bem jurídico - a paz pública. IV - Por isso não podem confundir-se os crimes de organização ou...
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