Acórdão nº 041542 de Supremo Tribunal de Justiça (Portugal), 22 de Maio de 1991
| Data | 22 Maio 1991 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 ART24 ART25. CP82 ART48.
Sumário : I - A quantidade de haxixe para se considerar diminuta para efeitos do artigo 24 do Decreto-Lei n. 430/83 não devera ser superior a 2 gramas. II - Estando o arguido na posse de quantidade que ultrapassava 3 gramas, a acusação, a pronuncia e a condenação deviam ser referidas ao artigo 23 do diploma em causa. III - Para se haver como consumado o crime do artigo 25 e necessaria a prova positiva de que o agente tinha por "finalidade exclusiva" conseguir substancias ou preparados para uso pessoal, o que não se verifica, se nem...
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