Acórdão nº 98P350 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1999 (caso NULL)
Data | 27 Janeiro 1999 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM.
Legislação Nacional: CPP98 ART68 N1 E. CP82 ART233 N2. CCOM888 ART476.
Sumário : I - O particular não detem legitimidade para se constituir assistente pelo crime de associação criminosa (artigo 299, do CP), uma vez que este ilícito não se encontra incluido na previsão da alínea e) do n. 1 do artigo 68, do CPP. II - Sendo o específico bem jurídico protegido por aquele tipo de crime de perigo abstracto, a paz pública ou a ordem e a tranquilidade públicas, não pode o particular ainda que, porventura, lesado, assumir-se como titular do interesse que a lei especialmente quis proteger com a incriminação. III - Considerando o disposto no artigo 476, do CCOM, é de entender que a factura é uma nota passada por ocasião de uma venda mercantil ou seja um documento escrito que incorpora uma declaração expressa onde o vendedor descrimina as coisas vendidas e os serviços prestados, bem como os respectivos preços e que transmite ao comprador antes da expedição ou depois da entrega, tratando-se, portanto, de um documento dispositivo que incorpora uma declaração de vontade que, completada com a tácita aceitação...
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