Acórdão nº 048887 de Supremo Tribunal de Justiça (Portugal), 06 de Novembro de 1996 (caso NULL)
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: PROF BELEZA DOS SANTOS IN RLJ ANO68 PÁG252 E 253. PROF CASTRO MENDES IN CPC III PÁG344-345.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART296 ART297 N1 A ART300 N2 A B. CPP87 ART409. CCIV66 ART204 N3 ART824.
Sumário : I - Comete o crime de abuso de confiança ("in casu", o da previsão do artigo 300, n. 2, alíneas a) e b), do CP/82) e não de furto contemplado nos artigos 296 e 297, n. 1, do mesmo Código, o fiel depositário do direito ao trespasse e arrendamento de um prédio penhorado em determinada execução fiscal que nesta foi arrematado por 4060000 escudos pelos demandantes cíveis a quem o arguido não entregou logo as chaves desse imóvel e, na posse delas, dirigiu-se ao mesmo imóvel e de lá removeu a estrutura metálica de um armazém cortando a maçarico os apoios incorporados nas paredes, assim como toda a cobertura em chapa...
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