Acórdão nº 041314 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1991
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 30 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO / CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART30 N1 ART79 N1 ART83 ART260 ART297 C H ART304 N2 ART306 N3 A N5.
Jurisprudência Nacional: AC STJ DE 1985/01/30 IN BMJ N343 PAG269. AC STJ DE 1987/04/08 IN BMJ N366 PAG280. AC STJ PROC36935 DE 1983/03/07. AC RC DE 1987/10/14 IN CJ T4 PAG106. AC RC DE 1985/10/04 IN CJ T4 PAG105. AC STJ DE 1989/10/04 IN CJ T4 PAG11.
Sumário : I - Como resulta do artigo 79 n. 1 do Codigo Penal, mesmo o transito em julgado das condenações dos diversos crimes cometidos pelos quais os reus foram julgados, não impede que se proceda ao cumulo juridico de todas as penas, porquanto o preceito se aplica a todos os crimes anteriormente praticados mesmo quando por eles ja tenham sido julgados. II - O tribunal competente para proceder ao cumulo juridico de todas as penas aplicadas e o da ultima condenação, sendo irrelevante o momento em que as decisões transitam em julgado. III - O cumulo juridico de todas as penas tem de ser feito em primeira instancia, ate na medida em que actualmente se caracteriza por uma verdadeira decisão, a atender, em conjunto, aos factos e personalidade do agente, sujeita, portanto, a duplo grau de jurisdição por se tratar de questão nova no respectivo processo. IV - A apropriação do uso do veiculo com violencia integra o tipo de crime do artigo 304 n. 1 do Codigo Penal, embora constitua acto executivo do crime de roubo. V - Verifica-se concurso real de crimes de roubo e de furto de uso de...
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