Acórdão nº 3063/03.TDLSB.L1-5 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Data | 01 Março 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: PROVIDO Sumário: I - Nos termos do disposto no n.º2, do art.118º, do CP, referente aos prazos de prescrição do procedimento criminal, para efeito do disposto no n.º1 do mesmo artigo, na determinação do máximo da pena aplicável a cada crime são tomados em conta os elementos que pertençam ao tipo de crime, mas não as circunstâncias agravantes ou atenuantes comuns, integradas na Parte Geral, designadamente a reincidência, II – Para o mesmo efeito já são atendíveis as atenuantes ou agravantes que, na Parte Especial, deram lugar a novos tipos, privilegiados ou qualificados, como é o caso dos presentes autos (neste sentido...
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