Acórdão nº 0274793 de Court of Appeal of Lisbon (Portugal), 12 de Março de 1992
Magistrado Responsável | HENRIQUES EIRAS |
Data da Resolução | 12 de Março de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART216 D. CPP87 ART198 ART196 ART204 ART215. CPP29 ART272 ART282 PAR2. CONST76 ART18 N1 N2 ART28 N2.
Sumário: A arguida foi pronunciada por crime de lenocínio agravado punível com prisão de 2 a 8 anos e multa até 200 dias (arts. 215, n. 1, al. a), e 216, al. d), do Código Penal). Mas, a medida de coacção "termo de identidade e residência" é a única adequada, aqui, à sua situação, pois não satisfaz aos requisitos gerais do art. 204 do Código de Processo Penal (CPP) para que lhe possa ser imposta medida diferente da prevista no art. 196 CPP, porque: a) a prova é no sentido de que a arguida estabilizou a sua vida, constituiu família e vive do seu trabalho; b) não há quaisquer indícios de continuação criminosa ou perigo de fuga, muito menos, de perturbação da tranquilidade pública; c) não tem antecedentes criminais; d)...
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