Acórdão nº 96P1058 de Supremo Tribunal de Justiça (Portugal), 16 de Outubro de 1997
Data | 16 Outubro 1997 |
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 PROC PENAL - RECURSOS. DIR TRIB - DIR CUSTAS JUD. DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART410 N2 C. DL 15/93 DE 1993/01/22 ART25 ART26 ART40 ART43 ART44 ART47 ART49 ART51 ART52 ART54. CP82 ART86 ART87 ART88. CCJ62 ART87 N1 A. DL 423/91 DE 1991/10/20 ART13 N3.
Sumário : I - Não há contradição insanável da fundamentação quando se dá como provado que o arguido X ofereceu estupefacientes a determinadas pessoas e, por outro lado, se teve como não provado que pessoas não identificadas passaram com maior regularidade e em maior quantidade a fornecer estupefacientes ao mesmo arguido. II - A toxicodependência, para a nossa lei, pode funcionar como factor de diminuição de culpa ou como factor de agravamento da mesma ou de agravamento da própria ilicitude ou da perigosidade do agente. Tem natureza diminuidora da culpa quando o agente seja mero consumidor, nos termos do artigo 40 do DL 15/93, e lhe possa ser aplicado o regime dos artigos 44 e 52 do mesmo diploma, ou quando possa ser submetido ao exame previsto no seu artigo 43, uma vez que, fora dessas situações, o regime geral é o do agravamento da culpa por aplicação do preceituado nos artigos 88, 86 e 87 do Código Penal, ou de agravamento da perigosidade (cfr. as regras restritivas da concessão da liberdade condicional para os traficantes, mesmo que consumidores mas que não possam beneficiar do estatuto especial dos...
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