Acórdão nº 036943 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1983
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 15 de Junho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP886 ART34 N7 N10 N33 N37 ART39 N20 ART94 N1 ART96 PARUNICO ART421 N1 N2 N4 N5 PARUNICO ART425 N3 ART426 N7 ART427 ART667 PAR1 N2. CP82 ART78 ART79 N1 ART297 N1 A F N2 B. L 3/81 DE 1981/03/13 ART2 N1 D. L 17/82 DE 1982/07/02 ART5 N1 C.
Sumário : I - Todas as circunstancias que se referem a ilicitude, mesmo que esta seja caracterizada pela exigencia de certas qualidades pessoais do agente estão abrangidas pelo artigo 32 do Codigo Penal de 1886, sendo portanto comunicaveis. II - Existindo uma resolução inicial dos reus, mantida ao longo de toda a sua actuação de se apropriarem de objectos alheios impõe-se a qualificação dos factos como um so crime de furto, sem necessidade de lançar mão da figura do crime continuado, de excluir, atenta a unidade da resolução criminosa e sem embargo de não existir no novo Codigo Penal uma disposição identica a do paragrafo unico do artigo 421 do Codigo de 1886. III - Como a agravação resultante de reincidencia radica no desrespeito pela advertencia contida na condenação, esta para poder ser censurada ao agente tem de ocorrer no dominio do novo Codigo, e assim mesmo que ocorram os pressupostos dos ns. 1 e 2 do artigo 76 do novo Codigo Penal, não se da a reincidencia se o crime tiver sido cometido no dominio do Codigo anterior. IV - A) Sendo uma pena determinada em face do Codigo de 1886, isso não obsta a...
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