Acórdão nº 98P247 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1998 (caso None)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 17 de Junho de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECLARADO PRESCRITO O PROCEDIMENTO CRIMINAL.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PENAL ECON.
Legislação Nacional: DL 28/84 DE 1984/01/20 ART1 ART2 ART36 N1 A B N2 N5 A N8 A B ART37 N1 N3. CP82 ART22 ART23 N1 N2 ART74 N1 E ART117 N1 C.
Sumário : I - Os meios fraudulentos descritos nas alíneas a) a c), do n. 1, do citado artigo 36, do Decreto-Lei 28/84, de 20 de Janeiro, só relevam, como elementos do tipo de crime de fraude na obtenção de subsídio, quando ocorrem no chamado "processo de candidatura", precedendo e determinando a decisão de deferimento ou concessão do subsídio. Portanto, se esta decisão - traduzida na aprovação da acção a financiar e, claro, do respectivo financiamento -, foi notificada, aos arguidos, em 24 de Setembro de 1990, o pedido de pagamento de saldo, por estes apresentado, em 30 de Julho de...
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