Acórdão nº 98P442 de Supremo Tribunal de Justiça (Portugal), 24 de Junho de 1998
Magistrado Responsável | MARIANO PEREIRA |
Data da Resolução | 24 de Junho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL DIR PROC PENAL.
Legislação Nacional: DL 401/82 DE 1982/09/23 ART4. CP82 ART9 ART73 ART74. CPP87 ART374 N2.
Sumário : I - A legislação especial aplicável aos delinquentes maiores de 16 anos e menores de 21 anos está inserida no DL 401/82 de 23 de Setembro que tem subjacente uma preocupação de instituição de um direito mais reeducador que sancionador, com adopção preferencial de medidas correctivas desprovidas de efeitos estigmatizantes e cujo artigo 4 prevê a atenuação especial da pena de prisão nos termos dos artigos 73 e 74 do Código Penal ao jovem condenado. II - A aplicação daquele artigo 4 não é, contudo, automática. III - Não sendo de aplicação automática o regime que flui do DL 401/82, não está, porém, o tribunal "a quo" dispensado de, tratando-se de arguido com menos de 21 anos de idade, ajuizar da conveniência, ou inconveniência da sua aplicação no caso concreto. IV - Tendo o arguido 20 anos de idade quando praticou os factos...
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