Acórdão nº 0310744 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1991
Magistrado Responsável | LUIS VALE |
Data da Resolução | 16 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCJ62 ART43 ART185 B ART187 N1 ART192 N1. CP82 ART78 N2 ART215 N1 A B N1 ART216 A.
Jurisprudência Nacional: AC STJ DE 1984/10/10 IN BMJ N340 PAG230.
Sumário: I - O réu que, estando em liberdade, é condenado em prisão e recorre a seguir à leitura do acordão condenatório, não está dispensado do pagamento do imposto de justiça devido pela interposição (artigos 187, n. 1 e 192, n. 1, Código das Custas Judiciais). II - O recurso do despacho que difere a decisão sobre a admissibilidade do recurso do acordão condenatório para depois do pagamento do referido imposto constitui incidente tributável (artigos 43 e 185, alínea b), Código das Custas Judiciais). III - O réu, fomentando, favorecendo e facilitando a prática da prostituição pelo seu cônjuge, convencendo-a à manutenção de relações sexuais remuneradas e angariando-lhe clientes, e não sendo ela menor ou portadora de anomalia psíquica, nem se encontrando em situação de abandono ou de extrema e insuportável necessidade económica, não pratica o crime de...
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