Acórdão nº 97P845 de Supremo Tribunal Administrativo (Portugal), 12 de Novembro de 1997 (caso None)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 12 de Novembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART2 N4 ART296. CP95 ART2 N4 ART203. CPP87 ART48 ART49 ART50 ART51 ART52.
Sumário : I - Decidido, em sede de julgamento, que o arguido cometeu um crime de furto simples, na forma tentada, p.p. pelos artigos 203, 22, 23, ns. 1 e 2, e 73, todos do CP, na redacção introduzida pelo DL 48/95 de 15 de Março - por se mostrar mais favorável do que o regime vigente à data dos factos (artigos 296, 22, 23 e 74, todos do CP na redacção de 1982) - deve o Tribunal, de imediato, invocando a nova natureza semi-pública do crime, absolver o arguido, declarando a ilegitimidade do MP para a prossecução da acção penal com base em inexistência de queixa por parte do ofendido, quando este nunca foi...
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