Acórdão nº 039211 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1987
Data | 25 Novembro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - DIR PENAL ADUAN.
Legislação Nacional: CADU41 ART36 N5 ART37 PAR4. RGA41 ART691 ART694. CP886 ART5 ART123. CP82 ART10 N1. L 16/86 DE 1986/06/11 ART1 N1 A. DL 187/83 DE 1983/05/13 ART9 N1 N2 C N3 N4 ART12 ART13 ART17 ART18 N1 N4 ART22. CONST76 ART168 N1.
Jurisprudência Nacional: AC TC DE 1987/06/02 IN DR 1987/06/17.
Sumário : I - O artigo 36 n. 5 do contencioso aduaneiro e o artigo 9 n. 2 c, n. 6 do Decreto-Lei 187/83 de 1983/05/13 preveem o mesmo e unico tipo de crime. II - Não obstante a inconstitucionalidade organica daquele decreto declarada pelo tribunal constitucional, ha que declarar amnistiado o crime de contrabando de circulação imputado ao arguido, uma vez que se...
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