Lei n.º 58/77, de 05 de Agosto de 1977
Lei n.º 58/77 de 5 de Agosto Substitui as penas de prisão aplicadas pelos tribunais comuns a militares dos quadros permanentes, em qualquer situação, e a outros militares, enquanto na efectividade de serviço, por penas de prisão militar.
A Assembleia da República decreta, nos termos da alínea d) do artigo 164.º e da alínea e) do artigo 167.º da Constituição, o seguinte: ARTIGO 1.º 1. As penas de prisão aplicadas pelos tribunais comuns a militares dos quadros permanentes, em qualquer situação, e a outros militares ou agentes das forças militarizadas, enquanto na efectividade do serviço, e que não tenham por efeito a sua expulsão das forças armadas ou militarizadas, serão substituídas, na própria sentença que as aplicar: a) A pena de prisão até um ano, pela de prisão militar por igual tempo; b) A pena de prisão por tempo superior a um ano, por igual tempo de presídio militar.
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As penas militares aplicadas nos termos do número anterior serão cumpridas nos respectivos estabelecimentos penais militares e em conformidade com os respectivos regulamentos.
ARTIGO 2.º 1. Fora do caso de flagrante delito, a captura de militares ou agentes das forças militarizadas no activo ou na efectividade de serviço deverá ser requisitada...
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