Acórdão nº 96P254 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1996 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 18 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: DL 317/95 DE 1995/11/28 ART14 N2 B ART16 N3. CONST89 ART32 N7. CP95 ART71 ART77 N2. DL 430/83 DE 1983/12/13. DL 15/93 DE 1993/01/22 ART25. CCJ62 ART85 N1 ART188 N1 B ART194 N1 B ART195 N1. DL 423/91 DE 1991/10/30 ART13 N3.
Jurisprudência Nacional: AC STJ DE 1991/02/13 IN BMJ N404 PAG210.
Sumário : I - Tendo a acusação sido recebida para julgamento em processo comum colectivo, por despacho anterior à entrada em vigor do Decreto-Lei 317/95, mantém-se a competência do tribunal colectivo, sob pena de violação do princípio constitucional da manutenção a competência do Juiz Natural, consagrado no artigo 32 n. 7 da Constituição. II - O crime de tráfico de estupefaciente é um crime exaurido, já que não é possível uma actuação enquadrável na figura da tentativa, por a sua previsão englobar todos os actos possíveis que poderiam, teoricamente, corresponder a uma tentativa, e não ser possível a desistência...
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