Acórdão nº 0315663 de Court of Appeal of Lisbon (Portugal), 19 de Julho de 1993
Magistrado Responsável | SIMÕES RIBEIRO |
Data da Resolução | 19 de Julho de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR CRIM.
Legislação Nacional: CPP87 ART193 N2 ART196 N1 N2 N4 ART198 ART200 N1 A D N4 ART202 N1 ART204 ART209 N1. CP82 ART296 ART297 N1 A N2 C D H ART304 N1 G. DL 401/82 DE 1982/09/23 ART1 ART2 ART3 ART4 ART5.
Sumário: I - Ao arguido imputa-se a prática de um crime de furto qualificado e de um crime de uso de veículo, previstos e puníveis pelos artigos 296, 297, n. 1 al. a), e 2 al.s c), D) e h), e 304, n. 1, respectivamente, do Código Penal (cp), ao concurso dos quais, in abstracto, corresponde penalidade unitária de doze anos de prisão, no seu limite máximo (art. 78, n. 1 e 2, CP). II - Sucede que o arguido tem 18 anos de idade, está empregado, é primário, colaborou para a descoberta da verdade, motivo por que - não obstante a previsão do artigo 209, n. 1, do Código de Processo Penal (CPP) - não será de cominar-lhe o regime de prisão preventiva, por se julgar suficiente, por adequada às exigências cautelares requeridas pelo caso, ponderando, ainda, as grandes dificuldades que...
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