Acórdão nº 9540447 de Court of Appeal of Porto (Portugal), 05 de Julho de 1995
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 05 de Julho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART50 ART51 N1 ART52.
Sumário: I - A suspensão da execução da pena de prisão é uma pena autónoma ou de substituição, não constituindo portanto uma pena de prisão, mas antes uma medida não detentiva, o que afasta a revogação " ope legis " prevista no n.1 do artigo 51 do Código Penal; II - Tendo o arguido sido condenado por crime doloso em pena de prisão declarada suspensa na sua execução e, posteriormente mas dentro do período da suspensão, praticado novo crime doloso pelo qual veio a ser condenado em pena de prisão também suspensa na sua execução, cumprirá ao juiz da 1ª condenação ponderar de imediato, sem ter que aguardar o decurso do período de suspensão da...
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