Acórdão nº 037943 de Supremo Tribunal de Justiça (Portugal), 17 de Julho de 1985
Magistrado Responsável | QUESADA PASTOR |
Data da Resolução | 17 de Julho de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART2 N1 N4 ART117 N1 A ART121 ART204.
Jurisprudência Nacional: AC STJ DE 1984/11/04 IN BMJ N341 PAG359.
Sumário : I - Deduzida acusação na vigencia do Codigo Penal de 1886, desencadeou a mesma todas as consequencias que a lei de então cominava, designadamente a interrupção definitiva da prescrição do procedimento criminal. II - Não pode reconhecer-se a lei posterior a virtualidade de retirar do mundo do direito o que a sombra da lei anterior se produziu validamente. III - Não pode ter-se como esgotado um prazo de prescrição do procedimento criminal que começou a correr na vigencia do Codigo Penal de 1886 quando: a) a acusação deduzida o interrompeu definitivamente; b) não tiver decorrido tempo bastante na vigencia do Codigo Penal de 1982, não podendo somar-se-lhe o tempo decorrido antes da publicação deste ultimo diploma. IV - Face ao disposto no artigo 2, n. 1, do Codigo Penal de 1982, as penas são determinadas pela lei vigente no momento da pratica do facto, pelo que, na situação em apreço, tem de...
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