Acórdão nº 0310523 de Court of Appeal of Porto (Portugal), 19 de Setembro de 1990
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 19 de Setembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CP82 ART396 ART397 ART388 ART300.
Sumário: I - Comete o crime previsto e punido pelo artigo 397 do Código Penal, o arguido que, sendo proprietário de um televisor, é nomeado fiel depositário do mesmo em processo de execução fiscal, não o entregando quando devidamente notificado para o efeito, uma vez que, entretanto, o deixara transportar por um seu filho para a Alemanha; II - Nas circunstâncias referidas na conclusão I., não há que falar em cúmulo jurídico, nem em acumulação real de crimes, já que a infracção é só aquela e não também a prevista no artigo 388 do Código Penal, crime de desobediência; III - Já no seu assento de 28/06/79, o Supremo Tribunal de Justiça decidiu que não comete o crime de desobediência o infiel depositário que, sendo proprietário dos bens penhorados, os dissipa sem autorização; IV - Actualmente, o sentido prevalente da jurisprudência é o de que o arguido que assim procede comete apenas o crime previsto e punido pelo artigo 397 do Código Penal...
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