Acórdão nº 037537 de Supremo Tribunal de Justiça (Portugal), 14 de Novembro de 1984
Magistrado Responsável | COSTA FERREIRA |
Data da Resolução | 14 de Novembro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART2 N1 N4. CONST76 ART29 N4. D 13004 DE 1927/01/12 ART23 ART24. DL 402/82 DE 1982/09/23. L 25/81 DE 1981/08/21. CPC29 ART63.
Sumário : I - Muito embora o n. 1 do artigo 2 do Codigo Penal disponha que as penas são determinadas pela lei vigente no momento da pratica do facto, o n. 4 do mesmo preceito, em concordancia com o principio consagrado no artigo 29, n. 4, da Constituição da Republica, manda que em caso de concorrencia de dois ou mais sistemas punitivos deve ser aplicado o regime que concretamente se mostre mais favoravel ao agente. II - Porem, a opção por um dos diversos regimes punitivos concorrentes so pode ser feita aquando do julgamento, isto e, depois de produzida a prova e ponderando todos os elementos de facto que sejam de considerar não apenas para o seu enquadramento juridico-criminal mas tambem para a graduação da respectiva pena. III - Emitido em 31 de Janeiro de 1982 um cheque no valor de 412 042 escudos e sessenta...
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