Acórdão nº 9640149 de Court of Appeal of Porto (Portugal), 20 de Março de 1996
Magistrado Responsável | TEIXEIRA MENDES |
Data da Resolução | 20 de Março de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA TAIPA DE CARVALHO IN SUCESSÃO DAS LEIS PENAIS PAG145.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE - TEORIA GERAL.
Legislação Nacional: CP82 ART215 N2. CP95 ART170 N1 ART2 N2.
Sumário: I - Do confronto dos artigos 215 n.2 do Código Penal 1982 e 170 do Código Penal revisto se vê que não há inteira correspondência dos elementos constitutivos do crime de lenocínio neles previsto; II - Com a entrada em vigor da Lei Nova que adiciona um novo elemento ao tipo legal da Lei Antiga, o facto praticado na vigência da Lei Antiga - preencha, ou não, o novo elemento da Lei Nova - fica despenalizado, se o elemento adicionado constituir um elemento especial; III - Mostra-se descriminalizada a conduta do arguido, a quem vinha imputado o cometimento de um crime de lenocínio previsto e punido pelo artigo 215 n.2 do Código...
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