Acórdão nº 0020578 de Court of Appeal of Lisbon (Portugal), 23 de Janeiro de 1985
| Data | 23 Janeiro 1985 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: DL 33725 DE 1944/06/21 ART22. CP82 ART65 ART69 N2 ART402. DL 400/82 DE 1982/09/23 ART6 N1. CPP29 ART254 ART264 ART265 ART425. CP886 ART242. L 69/78 DE 1978/11/03 ART29 N1. CONST82 ART30 N4.
Sumário: I - No domínio do actual Código Penal, as falsas declarações do arguido ou do suspeito sobre os seus antecedentes judiciários, são puníveis pela incriminação do artigo 402 daquele diploma, por a previsão do artigo 22 do Decreto-Lei 33725 se dever considerar revogada pelo Decreto-Lei 400/82. II - Com a entrada em vigor das alterações constitucionais de 1982 devem ser havidas como inconstitucionais as disposições penais que prevêem incapacidades eleitorais como efeito automático e necessário da condenação por certos...
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