Acórdão nº 09P0489 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 2009
Magistrado Responsável | RODRIGUES DA COSTA |
Data da Resolução | 19 de Março de 2009 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
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RELATÓRIO 1.
O arguido AA veio interpor recurso da decisão do tribunal colectivo, datada de 21/11/2008, que, no âmbito do processo comum colectivo n.º 127/01.1JAFAR, da 6.ª Vara Criminal de Lisboa e reunido para o efeito, lhe fixou a pena única de 17 (dezassete) anos de prisão, como resultado de um cúmulo jurídico de penas que lhe foram aplicadas nesse processo e no processo comum colectivo n.º 68/02.5GBASL, da 5.ª Vara, desse mesmo Tribunal.
O arguido, nascido em 18/11/1954, encontra-se em cumprimento da pena de 23 (vinte e três) anos de prisão, à ordem do processo comum singular n.º 148/98.0TBLMG, do 2.º Juízo do Tribunal Judicial da Comarca de Lamego, pena essa que foi o resultado de um cúmulo jurídico de várias penas, aplicadas em múltiplos processos e no qual não foram englobadas as penas objecto do presente cúmulo, por os respectivos crimes terem sido praticados posteriormente à data do trânsito em julgado da decisão que englobou todas as penas anteriores.
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Os crimes em relação de concurso são os indicados no quadro abaixo, por ordem cronológica da prolação das respectivas decisões: PROCESSOTRIBUNALFACTOSCONDENAÇÃOCRIMES E PENAS 1 68/02.5GBASL 5.ª Vara, 2.ª Secção Criminal de Lisboa 05-04-200215/12/2005 (transitada em julgado em 18/01/2006 - fls. 141)1 crime de falsificação (arts...
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