Acórdão nº 98P116 de Supremo Tribunal Administrativo (Portugal), 01 de Abril de 1998
| Magistrado Responsável | PIRES SALPICO |
| Data da Resolução | 01 de Abril de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART203 N1 ART204 N2 E. DL 401/82 DE 1982/09/23 ART4. CPP87 ART370 N2.
Sumário : I - O crime de furto consuma-se no momento em que a coisa móvel é retirada da esfera patrimonial do respectivo dono ou do possuidor e deslocada para a do agente ou de terceiro. II - Portanto, se os arguidos, penetrando no interior de um estabelecimento comercial, por arrombamento, do seu interior, retiraram armas e munições de que se apoderaram e que levavam consigo quando foram surpreendidos por um guarda nocturno, há que concluir que já tinham consumado o crime qualificado de furto antes da intervenção deste último. III - Apesar de o arguido ter menos de 21 anos de idade, a falta do relatório...
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