Acórdão nº 043009 de Supremo Tribunal Administrativo (Portugal), 09 de Março de 1995 (caso None)
Magistrado Responsável | LOPES PINTO |
Data da Resolução | 09 de Março de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: MANDADA AMPLIAR A MATÉRIA DE FACTO.
Indicações Eventuais: EDUARDO CORREIA IN RLJ ANO93 PÁG36. MIGUEL CAEIRO IN BMJ N18 PÁG26/27. C FERREIRA IN ROA 1944 PÁG56.
Área Temática: DIR PROC PENAL - RECURSOS. DIR PROC CIV - RECURSOS. DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART4 ART410 N2 A N3 ART436. CP82 ART71 - ART73 ART300 N1 N2 B. CPC67 ART729 N3 ART730 N1. CP886 ART313 PAR3 ART422 ART453. L 15/94 DE 1994/05/11 ART1 A ART2 N1 N2.
Sumário : I - A apropriação de coisa móvel que a alguém foi entregue por título não translativo de propriedade radica-se numa certa intenção - o dispor da coisa como própria, a intenção de se comportar relativamente a ela como proprietário, uti dominus, com o chamado animus rem sibi habendi. II - A intenção de restituir exclui a de apropriação. O ponto está em que para o agente se represente como certa, ou de...
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