Acórdão nº 045912 de Supremo Tribunal de Justiça (Portugal), 30 de Outubro de 1996 (caso NULL)
| Magistrado Responsável | RIBEIRO COELHO |
| Data da Resolução | 30 de Outubro de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART119 ART120 N1 N2 ART358 ART359 ART379 B ART410 N2 B ART426 ART433 ART436.
Jurisprudência Nacional: AC STJ PROC40255 DE 1989/11/29.
Sumário : I - É da experiência comum que o pedido de concessão de um subsídio a favor de uma empresa para cobertura das despesas inerentes a uma actividade que se sabe não ser levada a cabo, significa que se sabe antecipadamente que não vão ser efectuadas aquelas despesas, levando a mesma a receber uma importância pecuniária que sendo vinculada a um fim determinado e não sendo despendida com esse fim, lhe aproveita indevidamente. II - Actuando os arguidos livremente com esse conhecimento, em face do que é igualmente a experiência comum, necessariamente quereriam esse resultado. III - Por isso, a negação da existência deste propósito por parte...
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