Acórdão nº 038675 de Supremo Tribunal Administrativo (Portugal), 16 de Dezembro de 1986 (caso None)
Magistrado Responsável | QUESADA PASTOR |
Data da Resolução | 16 de Dezembro de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: DL 41204 DE 1957/07/24 ART14 N1. CP886 ART222 ART313 ART451 N2 PAR1 ART450 N2 PAR1. CP82 ART48 N2 ART78 N5 ART226 N1 C ART228 N1 A ART313 A ART424 N1 ART425 N1.
Sumário : I - As condutas qualificaveis como de peculato de uso apenas são puniveis quando ocorridas depois de 1 de Janeiro de 1983. II - Constituindo o crime do artigo 451, n. 2, paragrafo 1, do Codigo Penal de 1886, o que na doutrina se denomina de crime complexo, isto e, um tipo legal de crime em que o legislador fundiu num mesmo tipo dois ou mais crimes fundamentais, não deixam de estar em causa os bens juridicos por esse crime complexo negados, quando o legislador, numa sequencia temporal de leis, desdobra esse crime complexo em dois ou mais tipos de crime simples (os crimes dos artigos 313 e 228 do Codigo Penal de 1982), em cada um dos quais se negam separadamente cada um dos valores negados conjuntamente naquele crime complexo. E, por isso, possivel estabelecer, entre eles, uma relação de continuação...
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