Acórdão nº 039001 de Supremo Tribunal Administrativo (Portugal), 08 de Julho de 1987 (caso None)
| Data | 08 Julho 1987 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: MANDADA AMPLIAR A MATERIA DE FACTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: L 4/83 DE 1983/04/02 ART3 N1 ART8 N2 ART4. L 16/86 DE 1986/06/11 ART1 P. CPP87 ART63 B ART66 N3. CP82 ART117 N1 C ART126 ART254 N1 N2 ART136 N2 ART13 ART66 ART37 N2. L 38/83 DE 1983/10/25 ARTUNICO. CONST76 ART120 ART13 N1 ART18 N2. CP886 ART110. CE54 ART59. EDF84 ART13 N4 ART26 N1. CPC67 ART729 N3. DRGU 74/83 DE 1983/10/06 ART1.
Sumário : I - A infracção descrita no artigo 3, n. 1, da Lei n. 4/83, de 2 de Abril - falta de apresentação de declarações sobre patrimonio e rendimentos -, pode verificar-se ou sob a forma dolosa ou sob a forma culposa quando a culpa configure negligencia grave. II - A demissão dos titulares de cargos politicos a que se refere o artigo 3, n. 1, da Lei n. 4/83, de 2 de Abril, constitui uma verdadeira pena de demissão, equiparavel a pena de demissão dos funcionarios publicos, dai resultando: a) que e de querela a forma de processo a adoptar para o julgamento da infracção, atento o disposto no artigo 63 do Codigo de Processo Penal; b) que e de cinco anos o prazo de prescrição do procedimento criminal (artigo 117, n. 1, alinea c) do...
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