Acórdão nº 042597 de Supremo Tribunal Administrativo (Portugal), 06 de Janeiro de 1993 (caso None)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 06 de Janeiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO.
LegislaÁ„o Nacional: CP82 ART296 ART300 ART313 ART319.
JurisprudÍncia Nacional: AC STJ DE 1980/06/19 IN BMJ N298 PAG243. AC STJ DE 1981/02/25 IN BMJ N304 PAG444. AC STJ DE 1960/10/06 IN BMJ N100 PAG449. AC STJ DE 1961/03/01 IN BMJ N105 PAG439. AC STJ PROC42646 DE 1992/05/20. AC RE DE 1984/07/19 IN CJ ANOIX TIV PAG304. AC RL DE 1990/09/27 IN CJ ANOXV TIV PAG132.
Sum·rio : I - Comete o crime de abuso de confianÁa o co-titular de uma conta banc·ria aberta em nome de dois titulares, em que cada qual a pode movimentar autonomamente e que, contra a vontade e os interesses do outro co- -titular, levanta o dinheiro nela depositado e o dissipa em seu proveito, sem que tivesse poderes de administraÁ„o sobre esse dinheiro. II - Tal conduta n„o preenche o tipo do crime de furto, na medida em que o arguido tinha uma posse legÌtima dos bens de que se apropriou; e n„o integra o crime de burla na medida em que aquele, igualmente, tinha um poder, ainda que incompleto, sobre o objecto dos depÛsitos banc·rios; a...
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