Acórdão nº 0124662 de Court of Appeal of Porto (Portugal), 13 de Março de 1991
Data | 13 Março 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISãO.
Área Temática: DIR PRO PENAL. DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CPP29 ART447 ART448 ART665. CPC67 ART712 N1. CP82 ART313 ART329 N1 ART410 N1.
Jurisprudência Nacional: ASS STJ DE 1934/06/29.
Sumário: 1-A Relação não pode alterar as respostas do tribunal colectivo com base em presunções judiciais, que, sendo extremamente faliveis e perigosas, não podem nem devem representar um afrontamento ao principio "in dubio pro reo". 2- Tendo sido formulado um quesito sobre o dolo, a respectiva resposta negativa tera o merito de afirmar que nenhuma regra de experiencia conseguiu impor ao tribunal a convicção propiciadora de uma resposta positiva, insinuando que ficou precludido,pelos depoimentos oralmente prestados, a viabilidade de uma qualquer presunção que se fosse tentado a ensaiar. 3- Se A,"caixa"de um banco, se tiver apropriado de certa quantia em dinheiro que no exercicio dessas funções lhe estava confiado, B , tambem "caixa" do mesmo banco,desconhecedor daquela apropriação, não incorre na pratica de qualquer crime se se limitou a ceder aquele, retirando-a da caixa de que era titular a quantia correspondente, com o fim de colmatar a "falha" verificada na caixa de A, na ocasião em que os serviços de inspecção bancaria procediam a conferencia do saldo desta ultima caixa. 4-Ainda que...
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