Acórdão nº 0046635 de Court of Appeal of Lisbon (Portugal), 18 de Maio de 1993
Magistrado Responsável | ANTUNES PINA |
Data da Resolução | 18 de Maio de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART48 ART144 N2. CPP87 ART310 N1 ART313 N3 ART368 N2 A B.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN DR DE 1993/03/10.
Sumário: I - Não constitui alteração substancial dos factos descritos na acusação ou na pronúncia, a simples alteração da respectiva qualificação jurídica (ou convocação), ainda que se traduza na submissão de tais factos a uma figura criminal mais grave. II - Numa moldura penal abstracta de 6 meses a 3 anos, mostra-se ajustada e proporcional a pena de 12 meses de prisão, atenta a gravidade manifesta de ilícito, o elevado grau de culpa, a intensidade do dolo e muito particular e...
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