Acórdão nº 044699 de Supremo Tribunal de Justiça (Portugal), 16 de Junho de 1993 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 16 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART 410 N2. CP82 ART72 N2 D ART78 N5 ART300 N1 N2 A B ART329 N3. L 23/91 DE 1991/07/04.
Jurisprudência Nacional: AC STJ DE 1986/01/30 IN BMJ N353 PAG240. AC STJ PROC36975 DE 1983/05/04.
Sumário : I - Pratica o crime de abuso de confiança do artigo 300 do Código Penal, aquele que em função do trabalho que desempenha, se apropria de dinheiro que lhe não pertence, em proveito próprio. II - Se tiver havido um só desígnio criminoso, o crime há-de ser necessariamente único, já que é subsumível a um mesmo tipo criminal,ou seja, ofensivo de idêntico bem jurídico. Ao invês, se o comportamento do arguido revelar uma pluralidade de resoluções, poder-se-ão pôr as hipoteses de pluralidade de infracções ou de crime continuado. III - Tendo havido mais do que uma resolução, a regra será o concurso real de crime, constituindo a continuação criminosa uma excepção a aceitar quando a culpa se mostre...
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