Acórdão nº 9810204 de Court of Appeal of Porto (Portugal), 10 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 10 de Fevereiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - DIR PENAL ECON / TEORIA GERAL.
Legislação Nacional: DL 28/84 DE 1984/01/20 ART2 N1 A B N2 ART3 N1 N2 N3 ART35 N1 A B N3 N4. CP95 ART11 ART12 ART15 B ART60.
Sumário: I - Não está isento de responsabilidade criminal aquele que, mesmo não tendo poderes de superior direcção e representação de uma pessoa colectiva, como têm os gerentes, no entanto age em seu nome ou no seu interesse por virtude de um vínculo que o habilita a praticar determinado tipo de actos, em nome e no interesse dessa mesma sociedade, como é o caso dos simples empregados ou assalariados cuja função é a de vender os artigos ou prestar os serviços próprios da actividade a que a entidade patronal se dedica. II - As condutas típicas integradoras do crime de especulação do artigo 35 n.1 do Decreto-Lei n.28/84, de 20 de Janeiro ( excepção feita à da alínea b) desse preceito ) não são incompatíveis com a ausência de lucro ou mesmo com uma situação de prejuízo. III - Pratica o crime de especulação, na sua forma negligente, previsto e punido pelo artigo...
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