Acórdão nº 0224914 de Court of Appeal of Porto (Portugal), 02 de Maio de 1990
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 02 de Maio de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: DL 424/86 DE 1986/12/27 ART9 N2 A. CPP87 ART410 N2 A.
Jurisprudência Nacional: AC TC DE 1989/07/03 IN DR IIS 1989/07/03.
Sumário: I - Nos termos do artigo 9 nº 2 alínea a) do Decreto- -Lei nº 424/86 de 27/12, aplicável ao caso por força do Acórdão do Tribunal Constitucional com força obrigatória geral nº 414/89 publicado no Diário da República de 03/07, o crime consistente na circulação de "mercadorias que não sejam de circulação livre se efectue sem o processamento das competentes guias ou outros documentos referidos..." é despenalizado no caso de "se provar que a mercadoria é de origem nacional ou já se encontrava nacionalizada" ( artigo 6 do mesmo diploma )...
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