Acórdão nº 96P206 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1996 (caso NULL)
Magistrado Responsável | COSTA PEREIRA |
Data da Resolução | 16 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO.
LegislaÁ„o Nacional: CP82 ART300 N1 N2 A B. CP95 ART72 N1 N2 ART73. CPP87 ART412 N2 A B ART437 C.
Sum·rio : I - Tendo a motivaÁ„o do recurso sido dirigida a "Desembargadores", quando, nos termos do artigo 437, alÌnea c), do CÛdigo de Processo Penal, deveria ter sido dirigida ao Supremo Tribunal de JustiÁa, constituÌdo, como È Ûbvio, por "Conselheiros", o facto constitui mero lapso de escrita, devendo o mesmo considerar-se sanado pelo envio do recurso a este Supremo Tribunal. II - N„o se pode haver como n„o cumprido o ditame do artigo 412, n. 2, alÌneas a) e b), do CÛdigo de Processo Penal, quando o arguido na motivaÁ„o do recurso indicou algumas normas jurÌdicas que, em seu entender, foram violadas, dizendo, depois, aquelas que deveriam nortear o Tribunal de recurso na graduaÁ„o da pena. III - Comprovado que o arguido, durante anos, cometeu um crime de abuso de confianÁa da previs„o do artigo 300, ns. 1 e 2, alÌnea a), do CÛdigo Penal de 1982, no valor de 38368367 escudos, justifica-se a sua condenaÁ„o na pena de 5 anos e 6 meses de pris„o, quando se verifica que ele confessou integralmente e sem reserva a...
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