Acórdão nº 0014418 de Court of Appeal of Porto (Portugal), 03 de Outubro de 1978
| Magistrado Responsável | SANTOS CARVALHO |
| Data da Resolução | 03 de Outubro de 1978 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: LUÍS OSÓRIO IN NOTAS AO CÓDIGO PENAL PORTUGUÊS V3 PAG43.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP886 ART334 PAR1 ART343 ART344 PAR3 ART396 ART406. D 20431 DE 1931/10/24 ART25.
Jurisprudência Nacional: AC STJ DE 1954/12/09 IN BMJ N46 PAG253.
Sumário: I - O objecto do crime de descaminho de menores é a ocultação ou perda do menor, e se se não indiciar esta, falta o elemento material do crime do art. 344, parágrafo 1 do Código Penal, sem o qual esse crime não pode haver-se por praticado. II - O emprego de violência ou fraude por parte do agente, é elemento essencial para a verificação do crime previsto no artigo 343 do Código Penal. III - O rapto consensual pressupõe a virgindade da ofendida - artigo 396 do Código Penal - e o crime de...
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