Acórdão nº 97P887 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1997
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 29 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: F DIAS IN DIREITO PENAL PORTUGUÊS AS CONSEQUÊNCIAS JURÍDICAS DO CRIME PAG129-227.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 N1 ART25 N1 A ART26 N1 N3. CP95 ART40 ART71 N1 N2. CPP87 ART94 N2 ART409 N1 ART423 N1. PORT 94/96 DE 1996/03/26 ART9.
Jurisprudência Nacional: AC STJ PROC10/97 DE 1997/05/14 3SEC.
Sumário : I - Tendo o arguido acompanhado o co-arguido em aquisições de heroína e cocaína para conseguir drogas para o seu consumo, pois que este último lhe deu uma pequena dose de cada uma daquelas drogas, que ele consumiu, mas tendo-se provado também que o 1., ao acompanhar o dito co-arguido em tais aquisições, fê-lo com o propósito de proporcionar a este as referidas drogas destinadas à venda a terceiros, bem sabendo que as respectivas condutas eram proíbidas por lei e agindo ambos, os arguidos de modo voluntário livre e consciente, além de que a heroína com o peso líquido de 3715 grs. foi adquirida por ambos os arguidos, e excede em muito a necessária para o consumo médio individual durante o período de cinco dias para os dois arguidos, logo, o arguido X...
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