Acórdão nº 043378 de Supremo Tribunal de Justiça (Portugal), 16 de Junho de 1993 (caso NULL)
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 16 de Junho de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: INDEFERIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CP82 ART228 N1 A C N3 ART229 N1 ART424 N1 N2 ART425 N2. DL 139/85 DE 1985/05/06 ART4 N2. DL 118-A/86 DE 1986/05/27 ART3 N3.
Sumário : I - A determinação do propósito (ou intenção, ou dolo) e da consciência do perigo, ou da possibilidade deste, por parte de um agente, são objecto de apuramento de matéria de facto, da competência exclusiva da primeira instância. II - Não há incompatibilidade, reveladora de contradição insanável de fundamentação da sentença, entre o dizer-se que uma conduta teve como finalidade uma pretensão de justificar, ou regularizar contabilisticamente uma certa compra de material, e o afirmar-se que nessa mesma actuação se não teve como propósito o de causar prejuízo ao organismo a que se destinava aquela compra...
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