Acórdão nº 96P437 de Supremo Tribunal de Justiça (Portugal), 20 de Junho de 1996 (caso NULL)
Magistrado Responsável | NUNES DA CRUZ |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART30 N2 ART127 ART343 N1 ART344 N2 N3 N4. CP82 ART72 ART296 ART297 N2 C D N3 ART308. DL 48/95 DE 1995/03/15 ART2 N4 ART86 ART88 ART202 C ART203 N3 ART204 N2 E N3 N4. CONST89 ART29.
Jurisprudência Nacional: AC STJ DE 1983/04/14 IN BMJ N326 PAG322. AC STJ DE 1985/07/03 IN BMJ N349 PAG249. AC STJ PROC48195 DE 1995/10/04.
Sumário : I - O facto de o arguido ser toxicodependente, não é uma circunstância exógena, isto é, não é uma disposição exterior das coisas que de fora facilite a repetição da actividade criminosa, tornando cada vez menos exigível ao agente que se comporte de maneira diferente. E nem é sequer, uma circunstância que diminua a culpa. II - As normas relativas à queixa e acusação particular têm uma dupla...
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