Apelação Criminal N. 2009.41.00.000929-3/ro

Penal. Processual penal. Crime de transporte de madeira sem licença. Absorção do crime de falsidade ideológica pelo crime ambiental. Prescrição da pretensão punitiva do crime ambiental. 1. Absorção do crime de falsidade material/ideológica pelo crime ambiental quando as ATPF''s falsificadas são utilizadas exclusivamente com o fim de transportar madeira. 2. De acordo com o art. 109, inciso VI, do Código Penal, a prescrição, antes de transitar em julgado a sentença final, regula-se pelo máximo da pena privativa de liberdade cominada ao crime, verificando-se em 04 anos se o máximo da pena é Igual à 01 (um) ano. Tendo sido ultrapassado o prazo prescricional previsto para a pena em abstrato, ocorreu a prescrição da pretensão punitiva.

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