Acórdão nº 0277823 de Supremo Tribunal Administrativo (Portugal), 05 de Maio de 1993 (caso None)
| Magistrado Responsável | MADEIRA BARBARA |
| Data da Resolução | 05 de Maio de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: MAIA GONÇALVES COD PENAL ANOT 5ED PAG598.
Área Temática: DIR CRIM - CRIM C/ PATRIMÓNIO.
Legislação Nacional: CP82 ART48 ART300 N1 N2 A ART313 ART314 C. CCIV66 ART1164 ART559. PORT 447/80 DE 1980/07/31. CPP29 ART34 ART665.
Sumário: I - Comete o crime de falsificação de documento autêntico quem, munido de procuração, celebre uma escritura de compra e venda declarando falsamente que o preço já foi recebido. II - O crime de abuso de confiança consume-se com a inversão do título de posse, quer dizer quando passe a deter a coisa que recebeu por título não translativo de propriedade, "animo domini". III - A inversão do título carece de ser demonstrada por actos objectivos reveladores de que o agente está a dispôr da coisa como sua, não bastando a "muda cogitatio", meras atitudes...
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