Acórdão nº 96P033 de Supremo Tribunal Administrativo, 30 de Maio de 1996
| Magistrado Responsável: | NUNES DA CRUZ |
| Data da Resolução: | 30 de Maio de 1996 |
| Emissor: | Supremo Tribunal Administrativo |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART72 N2 C D ART73. DL 15/93 DE 1993/01/22 ART21 ART24 B ART25 ART26 ART31.
Jurisprudência Nacional: AC STJ DE 1989/04/24 IN BMJ N386 PAG253.
Sumário : I - O artigo 31 do Decreto-Lei 15/93, vai buscar a sua força atenuativa fundamentalmente a razões de política criminal (eficácia do combate à droga) e não à personalidade do agente e seus imperativos morais, pelo que, não basta para fazer funcionar a atenuação especial aí prevista, uma confissão forte, antes se tornando necessária a verificação de um dos comportamentos ali tipificados. II - A decorrência de um ano, entre a prática dos factos e o seu julgamento, de modo algum se pode considerar como "decurso de muito tempo sobre a prática do crime". III - Os elementos a que se pode atender para subsumir-se determinada conduta no artigo 25 do Decreto-Lei 15/93, conforme resulta da...
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