Acórdão nº 044598 de Supremo Tribunal de Justiça (Portugal), 24 de Junho de 1993 (caso NULL)
Magistrado Responsável | COSTA PEREIRA |
Data da Resolução | 24 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART39 N23 ART88 ART102 ART421 PARÚNICO. DL 402/82 DE 1982/09/23 ART51. CP82 ART2 N4 ART48 N1.
Jurisprudência Nacional: AC STJ DE 1988/01/03 IN BMJ N373 PAG286. AC RP DE 1983/10/19 IN BMJ N330 PAG538.
Sumário : I - Havendo no local do furto e pertencente à mesma empresa uma grande quantidade de cabos electricos em cobre e tendo os arguidos previamente planeado por via de um só desígnio apoderar-se desse material que representava um todo, subtraindo-o durante várias madrugadas de determinado mês, para não dar nas vistas, como sucederia se o retirassem de uma só vez, a conduta dos agentes enquadra-se no parágrafo único do artigo 421 do Código Penal de 1886. II - O acordo entre os agentes, a oportunidade favorável à prática do crime, a perduração do meio apto para realizar o delito, sendo embora factores exógenos e importantes para a caracterização do crime continuado, só por si não o podem caracterizar porque, e isto é que é...
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