Acórdão nº 0310919 de Court of Appeal of Porto (Portugal), 13 de Fevereiro de 1991
Data | 13 Fevereiro 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - DIR PENAL ECON. DIR PROC PENAL.
Legislação Nacional: DL 28/84 DE 1984/01/20 ART35 N1 A B. CPP87 ART1 N1 F ART358 ART359. CP82 ART43 N1.
Sumário: I- As alineas a) e b), do n. 1, do art. 35 do DL. 28/84, tipificam varias hipoteses, a saber: a) venda ao publico de bens por preço superior ao legalmente fixado; b) alteração dos preços legais com intenção de obter lucro ilegitimo; c) alteração dos preços legais independentemente daquela intenção - sendo qualquer destas condutas punivel com prisão de 6 meses a 3 anos e multa não inferior a 100 dias. Não ha alteração não substancial dos factos se a acusação foi elaborada tendo em vista os factos das alineas a) e b), e se provaram apenas os da alinea c), que estavam nela contidos e são um menos em relação ao mais das duas primeiras alineas, em termos de produzirem menor responsabilidade concreta...
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