Acórdão nº 037038 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1983
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 07 de Julho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART84 ART308 ART313 ART437 ART421 N3. CP82 ART72 ART424 ART436. L 3/81 DE 1981/03/13 ART2 N1 D N3. L 17/82 DE 1982/07/02 ART5 N1 C N7. CONST76 ART29 ART164 F.
Sumário : I - O crime de abandono de funções tipificado no artigo 308 do Codigo Penal de 1886 encontra-se limitado no artigo 436 do Codigo Penal de 1982, que lhe corresponde, na medida em que neste se exige como elemento tipico o dolo especifico, ou seja, a intenção de impedir ou interromper um serviço publico. II - A determinação do regime concretamente mais favoravel ao agente, em concurso de crimes, deve obedecer as regras seguintes: a) Enquadramento juridico criminal dos factos no ambito do Codigo Penal de 1886 e concretização das penas parcelares correspondentes a cada ilicito: b) Qualificação juridico-criminal dos factos fixados a luz do Codigo Penal de 1982 e concretização das respectivas penas parcelares: c) Comparação dos resultados obtidos de forma a considerar o regime que se mostre concretamente mais favoravel ao agente; d) Fixação da pena unica, em obediencia ao disposto nos ns. 1, 2 e 3 do artigo 78 do Codigo Penal de 1982, com base no conjunto das penas parcelares correspondentes aos diversos crimes. III - No ambito do artigo 78 do Codigo Penal vigente as penas de prisão em alternativa...
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