Acórdão nº 1657/10.0TAGMR.G1 de Tribunal da Relação de Guimarães, 06 de Janeiro de 2014
Magistrado Responsável: | ANA TEIXEIRA E SILVA |
Data da Resolução: | 06 de Janeiro de 2014 |
Emissor: | Tribunal da Relação de Guimarães |
Acordam os juízes, em conferência, na Secção Criminal da Relação de Guimarães I – RELATÓRIO ANTÓNIO O... veio interpor recurso da sentença que pela prática de um crime continuado de abuso de confiança fiscal, p. e p. pelo artº 105º, nºs 1 e 2, e 12º, e um crime continuado de abuso de confiança contra a segurança social, p. e p. pelos artºs 105º, nºs 1 e 2, 107º e 12º, todos do RGIT, o condenou nas penas de 6 meses de prisão por cada, a final, na pena única de 8 meses de prisão, a cumprir em dias livres (48 períodos com início às 9h de sábado e termo às 21h de domingo).
O arguido expressa as seguintes conclusões: 1 – O Tribunal a quo condenou pela prática de um crime continuado de abuso de confiança fiscal p. e p. pelos artigos 105º, nºs 1, 2 e 12º da Lei 15/2001, de 5 de Junho, na pena de seis meses de prisão e pela prática de um crime continuado de abuso de confiança em relação à segurança social p. e p. pelos artigo 105º, nºs 1, 2 107º e 12º da Lei 15/2001, de 5 de Junho, na pena de seis meses de prisão e em cúmulo jurídico na pena única de 8 meses de prisão; 2 - O Tribunal a quo entendeu não substituir a pena de oito meses pela pena de multa por não ser suficiente para responder às exigências de prevenção; 3 – O Tribunal a quo também entendeu que a pena de oito meses de prisão não era de suspender na sua execução, nos termos do artigo 50.º do Código Penal, por os antecedentes criminais do recorrente não possibilitarem a opção por tal pena de substituição; 4 – A pena aplicada ao arguido não deveria ser de prisão por dias livres por provocar no arguido efeitos perniciosos e por o meio prisional o contaminar, o que em nada contribuirá para a sua reintegração na sociedade, até porque é uma pessoa que faz 65 anos no próximo dia 1 de Agosto, pelo que, a pena deveria ser do regime de permanência na habitação por estarem reunidos os seus pressupostos e por se mostrar adequada e suficiente para a satisfação das exigências de prevenção geral e especial; 5 – O Tribunal a quo não ponderou a substituição da pena aplicada pela pena de substituição prevista no artigo 44º do Código Penal, regime de permanência na habitação; 6 – Nem tão pouco ponderou a substituição da pena aplicada pela pena de substituição prevista no artigo 58º do Código Penal, regime de prestação de trabalho a favor da comunidade; 7 - O tribunal a quo não é livre de aplicar ou deixar de aplicar tal pena de substituição, regime de permanência na habitação ou mesmo de prestação de...
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