Acórdão nº 0303393 de Court of Appeal of Lisbon (Portugal), 29 de Setembro de 1993
Magistrado Responsável | MADEIRA BARBARA |
Data da Resolução | 29 de Setembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CP82 ART228 N1 A N2 ART287 ART313 ART314 A C. CONST76 ART29 N5. CPP29 ART243 PAR1 PAR2 ART366 N2.
Sumário: I - O despacho de pronúncia consigna factos deveras diversos daqueles por que o arguido já respondeu, tendo com estes mero contacto tangencial, sendo, portanto, crimes diversos, pelo que se não ofende o princípio "non bis in idem" consagrado na norma do n. 5, artigo 29 da Constituição, na medida em que é autónomo o crime de "associação criminosa", descrito no artigo 287 do Código Penal (CP) em relação aos crimes concretos levados a cabo pelo agente, que é membro dessa "associação criminosa", como é o caso aqui de burla agravada (em número de dois crimes) e de falsificação (em número de cinco...
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