Acórdão nº 040825 de Supremo Tribunal de Justiça (Portugal), 19 de Dezembro de 1990
| Magistrado Responsável | TAVARES SANTOS |
| Data da Resolução | 19 de Dezembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CPC67 ART668 N1 C D. CP82 ART2 ART72 N1 N2 ART107 N1 N3 ART287 N4 ART288 ART289. L 16/86 DE 1986/06/11 ART13 N1 B. L 17/82 DE 1982/07/02. CP886 ART263 NA REDACÇÃO DA L 24/81 DE 1981/08/20. L 28/82 DE 1982/11/15 ART103 N3 C.
Jurisprudência Nacional: AC STJ DE 1988/06/22 IN BMJ N378 PAG355.
Sumário : I - O crime de organização terrorista, previsto e punido pelo artigo 288 do Codigo Penal e, por um lado, um crime de natureza permanente cuja consumação se verifica no termo da respectiva actividade criminosa e, por outro lado, não e necessariamente integrado pela comissão de crimes autonomos ou concretos que, quanto a organização terrorista, mantem a sua tipicidade propria, os denominados no acordão recorrido "crimes subjacentes". II - Esses crimes concretos e subjacentes, quando cometidos no decurso da actividade terrorista, tem a natureza de indices ou meios de prova do crime da organização terrorista. Esta especial relação entre eles e o crime principal leva a que não devam ser apreciados, para alem dessa...
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