Acórdão nº 0067565 de Court of Appeal of Lisbon (Portugal), 21 de Dezembro de 1993
Magistrado Responsável | CURTO FIDALGO |
Data da Resolução | 21 de Dezembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PROF F DIAS LA COMPÉTENCE DES JURISDICIONS PÉNALES PORTUGAISES POUR LES INFRACTIONS COMISES À L:ETRANGER IN BF DE DIR DE C 1966 PAG110.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM.
Legislação Nacional: CPP87 ART193 ART202 N1 A ART204 ART209. CP82 ART7 ART228 N1 C N2 ART229. DL 59/93 DE 1993/03/03 ART94 N1 N2. CONST76 ART27 N3 A ART28 ART32.
Sumário: I - Segundo o artigo 7 do Código Penal, basta que a infracção praticada tenha com o território português qualquer dos elementos de conexão mencionados no preceito, ou seja, o "locus delecti" corresponder ao lugar em que, total ou parcialmente, e sob qualquer forma de comparticipação, o agente actuou, ou, em caso de omissão, em que devia ter actuado, como naquele em que o resultado se produziu, para que se deva concluir ter sido o crime cometido em portugal; mesmo tratando-se de crimes em trânsito, apenas com parte da cadeia causal dos factos, em conexão com o território nacional, devem eles incluir-se no poder punitivo...
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