Acórdão nº 039341 de Supremo Tribunal de Justiça (Portugal), 20 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 20 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM. - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART300 N2 A N3 ART228 N1 A B ART329 N1 ART313 N1 ART72 N2. L 16/86 DE 1986/06/11 ART1. CPP87 ART402 N2 ART663.
Sumário : I - Comete os crimes de abuso de confiança e falsificação de documentos, previstos e puniveis pelos artigos 300. n. 2. alinea a). e n. 3. e 228. n. 1. alineas a) e b), respectivamente, ambos do Codigo Penal, aquele que, sendo empregado de um supermercado, se apropria de quantias diversas, no montante global de 5 048 315 escudos e cinquenta centavos, que lhe eram entregues para deposito bancario, simulando a carimbagem dos duplicados dos talões que deviam corresponder aos depositos e imitando a rubrica do funcionario bancario. II - Uma vez que do dinheiro ilicitamente adquirido o arguido fez dadivas varias, num total de 492 mil escudos, a outra arguida, a qual bem sabia daquela ilicita proveniencia, praticou esta um crime de receptação previsto e punivel pelo artigo 329, n. 1, do Codigo Penal, crime que o codigo vigente trata por forma autonoma. III - Tendo o recurso sido interposto somente pela receptora o ambito do mesmo deve circunscrever-se a actividade levada a cabo por ela. IV - Sucedendo que as dadivas objecto do crime de receptação...
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