Acórdão nº 040644 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1990 (caso None)
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 21 de Fevereiro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
LegislaÁ„o Nacional: CPP29 ART667 PAR1 N1. CP82 ART30 N1 ART78 N1 ART176 ART297. L 16/86 DE 1986/06/11 ART13 N1 B N2.
Sum·rio : I - Ha concurso real, e n„o aparente, entre os crimes de furto qualificado e de introduÁ„o em casa alheia, pois os artigos 297 e 176 do Codigo Penal protegem bens juridicos distintos, e n„o ha ofensa do principio "ne bis in idem" quando o furto for qualificado por uma circunstancia diferente da introduÁ„o em casa alheia, n„o se verificando portanto especialidade ou consumpÁ„o. II - Na puniÁ„o do furto protege-se o...
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