Acórdão (extrato) n.º 261/2020
Data de publicação | 08 Julho 2020 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 261/2020
Sumário: Não julga inconstitucional a norma contida no artigo 79.º, n.º 1, do Código Penal, interpretado no sentido de, perante continuação criminosa, a determinação do regime jurídico-penal aplicável operar por referência à data do último facto integrante da continuação, independentemente de esta integrar factos anteriores de maior gravidade.
Processo n.º 445/19
III - Decisão
3 - Face ao exposto, decide-se:
a) não julgar inconstitucional a norma contida no artigo 79.º, n.º 1, do Código Penal, interpretado no sentido de, perante continuação criminosa, a determinação do regime jurídico-penal aplicável operar por referência à data do último facto integrante da continuação, independentemente de esta integrar factos anteriores de maior gravidade; e, consequentemente,
b) negar provimento ao recurso.
Custas pelo Recorrente, fixando-se a taxa de justiça em 25 unidades de conta, ponderados os critérios estabelecidos no artigo 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro (cf. o artigo 6.º, n.º 1, do mesmo diploma).
[O relator atesta o voto de conformidade ao presente Acórdão dos restantes integrantes da 1.ª Secção, Conselheira Maria de Fátima Mata-Mouros, Conselheiro Vice-Presidente João Pedro Caupers e Conselheiro Presidente Manuel da Costa...
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