Acórdão nº 0006135 de Supremo Tribunal Administrativo (Portugal), 09 de Janeiro de 1996 (caso None)
| Magistrado Responsável | CURTO FIDALGO |
| Data da Resolução | 09 de Janeiro de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO / CRIM C/ESTADO.
Legislação Nacional: CP82 ART78 N5 ART228 N1 A N2 ART313 ART424 N1 ART434 N1 A N2 ART437 B C.
Jurisprudência Nacional: AC STJ DE 1992/11/04 IN CJ ANOXVII TV PAG5.
Sumário: I - O carteiro que se apropria de um cheque remetido numa carta e, depois, apresenta-o a pagamento, imitando a assinatura da beneficiária como endossante, pratica o crime de violação do segredo de correspondência agravado (art. 434, n. 1, a) e n. 2 do Código Penal 82), acrescido dos crimes de falsificação e de burla; II - Na hipótese descrita em I não se tipifica o crime de peculato, uma vez que o arguido apenas se apropriou de um meio de pagamento (o cheque) e não da quantia que ele titulava, sendo...
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