Acórdão nº 96P1417 de Supremo Tribunal Administrativo (Portugal), 08 de Julho de 1998 (caso None)
| Magistrado Responsável | LOPES ROCHA |
| Data da Resolução | 08 de Julho de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIMENTO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART2 N4 ART37 A C. DL 24/90 DE 1990/01/11. DL 231/82 DE 1982/06/17.
Sumário : I - Deixa de dever ser considerado como funcionário o arguido que exercia funções numa caixa agrícola, uma vez que o estatuto desta instituição de crédito entretanto alterado pelo DL 24/90 de 11 de Janeiro no seu Anexo artigo 1, não reproduziu o n. 2 do Anexo ao DL 231/82 que referia "As caixas agrícolas são consideradas pessoas colectivas de utilidade pública", impossibilitando-se assim aplicar àquele arguido a alínea c) do artigo 437, do CP de 1982, segundo o qual o conceito de funcionário abrangia quem desempenhasse funções "em organismos de utilidade pública ou neles participasse". II...
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