Acórdão nº 041725 de Supremo Tribunal Administrativo (Portugal), 20 de Março de 1991 (caso None)
Data | 20 Março 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: CP886 ART6 N2 ART84 ART95 ART421 N4 ART453. CP82 ART4 N2 ART117 N1 B ART118 N1 ART119 N1 B ART120 N1 C ART300 N1 N2 A B. CONST82 ART29 N4.
Jurisprudência Nacional: AC STJ DE 1969/04/23 IN BMJ N186 PAG126. AC STJ DE 1983/01/16 IN BMJ N323 PAG208. AC STJ DE 1983/02/17 IN BMJ N324 PAG447. AC STJ DE 1983/03/02 IN BMJ N325 PAG283. ASS STJ DE 1985/11/19 IN BMJ N251 PAG75. AC STJ DE 1975/04/02 IN BMJ N246 PAG49. AC STJ DE 1986/03/05 IN BMJ N355 PAG180.
Sumário : I - Para haver crime continuado de abuso de confiança necessario se torna a presença essencial de plurimas violações da mesma norma pelo agente, a reiteração de propositos, a proximidade temporal das respectivas condutas parcelares, a manutenção da mesma situação exterior a dar ensejo as subsequentes iterações e a ocasionar uma diminuição de culpa por parte do agente. II - Ha unicidade de crime de abuso de confiança sempre que do contexto factico dimane uma actuação do agente determinada por uma inicial e unica deliberação criminosa. III - A determinação do regime concretamente mais favoravel ao agente do facto criminoso implica duas operações a) a indagação de qual a pena que, em concreto, caberia ao reu pelo velho Codigo Penal; b) a averiguação de qual a pena que, em concreto, caberia ao reu pelo actual Codigo Penal. IV - O regime juridico aplicavel a prescrição do procedimento criminal e o que, nos termos do artigo 29...
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