Acórdão nº 0122729 de Court of Appeal of Porto (Portugal), 10 de Janeiro de 1990
| Magistrado Responsável | CASTRO RIBEIRO |
| Data da Resolução | 10 de Janeiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - DIR PENAL ADUAN.
Legislação Nacional: DL 424/86 DE 1986/12/27 ART9 N1 N2 ART43. RGA41 ART691 PAR4 PAR5. CADU41 ART36 PAR5 ART37 PAR4 ART39. CONST89 ART282 N1 N4. DL 391/79 DE 1979/09/20 ART3 N2.
Jurisprudência Nacional: AC TC 414/89 DE 1989/06/07 IN DR IS 1989/07/03.
Sumário: I - Declarada, com força obrigatória geral, a inconstitucionalidade das normas dos Decretos-Lei nºs 187/83 e 424/86, que se reportam à definição e punição dos crimes de contrabando e perdimento das mercadorias e meios de transporte, terá de considerar-se repristinado o Contencioso Aduaneiro, não podendo, porém, os arguidos ser punidos com sanção mais grave do que a prevista no momento da correspondente conduta. II - Mostrando-se a pena aplicada ao crime de contrabando de circulação em função do Decreto-Lei nº 424/86 - 6 meses de prisão substituída por multa e 75 dias...
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