Acórdão nº 9250176 de Court of Appeal of Porto (Portugal), 03 de Junho de 1992
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 03 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP886 ART421 N5 ART451. CP82 ART2 N4 ART28 N1 ART228 N1 A B N3 ART313 ART314 C. CPP29 ART349. L 23/91 DE 1991/07/04 ART1 K.
Jurisprudência Nacional: AC STJ DE 1961/03/01 IN BMJ N105 PAG439. AC STJ DE 1985/07/17 IN BMJ N349 PAG280. AC STJ DE 1992/02/19 IN DR 84 IIS 1992/04/09.
Sumário: I - Há indícios suficientes para a pronúncia se os elementos de facto existentes no processo, conexionados entre si e apreciados livremente, justificam razoavelmente a convicção de que, a manterem-se em julgamento, terão sérias probabilidades de conduzir à condenação do arguido pelo(s) crime(s) imputado(s). II - Havendo sucessão de leis penais no tempo, e só relevando no momento do julgamento a regra do nº 4 do artigo 2 do Código Penal, por só então ser possível determinar qual o regime penal mais favorável ao arguido, deve o juiz indicar no despacho de pronúncia, em alternativa, as incriminações face aos Códigos de 1886 e de 1982. III - As condutas que à luz do Código Penal de 1886 eram integradoras da previsão do artigo 451 ( com remissão para o artigo...
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