Acórdão nº 9220927 de Court of Appeal of Porto (Portugal), 23 de Junho de 1993
| Magistrado Responsável | CASTRO RIBEIRO |
| Data da Resolução | 23 de Junho de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/ SOCIEDADE.
Legislação Nacional: CPP29 ART148 ART149 ART150 ART153. CP886 ART263. CP82 ART287.
Jurisprudência Nacional: AC STJ DE 1989/11/10 IN BMJ N391 PAG148.
Sumário: I - Pressuposto de existência da excepção de caso julgado penal é que se trate, na nova acção, de julgamento pelos mesmos factos. II - O fulcro da unidade do objecto processual há-de ser sempre a concreta e hipotética violação jurídico- -criminal acusada. III - O específico bem jurídico protegido pelo tipo de associação criminosa é a tutela da paz pública. IV - O ilícito de associação criminosa constitui um tipo de crime...
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