Acórdão nº 037690 de Supremo Tribunal de Justiça (Portugal), 13 de Março de 1985
Magistrado Responsável | JOSE LUIS PEREIRA |
Data da Resolução | 13 de Março de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIME C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CPC67 ART653 N2. CP82 ART80 ART297 N2 H. L 17/82 DE 1982/07/02 ART5 N1.
Sumário : I - O n. 2 do artigo 653 do Codigo de Processo Civil, na parte em que impõe a indicação dos fundamentos das respostas aos quesitos, não e aplicavel em processo penal. II - O desconto da prisão preventiva não tem que ser ordenado na decisão condenatoria, resultando imperativamente da lei, para ser tomada em conta no cumprimento da pena (artigo 80 do Codigo Penal). III - O valor de 1020 escudos, sendo o reu e o ofendido pessoas pobres, não e de considerar insignificante, não o sendo especialmente na epoca em que foi cometido o crime, na qual correspondia a mais de 3 dias do salario minimo nacional. IV - Verifica-se a circunstancia do n. 2, alinea h), do...
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