Acórdão nº 0123827 de Court of Appeal of Porto (Portugal), 21 de Março de 1990
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 21 de Março de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: CP82 ART26 ART28 ART234 N1 N4.
Jurisprudência Nacional: AC STJ DE 1984/07/18 IN BMJ N339 PAG276.
Sumário: I - Não é falso o atestado que o médico passou a pedido do arguido que disse destinar-se a justificar faltas ao trabalho durante certo período, mas tinha a intenção de dele se servir, como serviu, para justificar duas faltas a audiências de julgamento, se o médico, nesse período, o examinou e constatou que ele sofria de depressão que recomendava repouso e, no acto do pedido, por entender que o seu regresso ao trabalho só deveria ocorrer daí a três dias, passou o atestado com a correspondente data posterior. II - Assim o arguido não pode ser incriminado como autor de um crime previsto e punido pelos artigos 26, 28 e 234, n. 1 do Código Penal, tanto mais que não é curial invocar o segundo dos preceitos indicados quando se alega que enganou o médico, mas se verifica que...
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