Acórdão nº 9120108 de Court of Appeal of Porto (Portugal), 03 de Abril de 1991
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 03 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A INCRIMINAçãO.
Área Temática: DIR CRIM - CRIM C/ ESTADO. DIR PROC PENAL.
Legislação Nacional: CP886 ART313 ART327 ART421 N4 N5 ART437 ART55 N3 N4. CP82 ART424 N1 N2 ART437. CPP29 ART349.
Jurisprudência Nacional: AC STJ DE 1961/03/01 IN BMJ N105 PAG439. AC RP DE 1988/05/25 IN CJ T3 ANOXIII PAG251.
Sumário: I - E essencial ao crime de peculato ser o agente funcionario ou empregado publico, sendo considerado como tal, para efeitos penais, não so quem desempenha uma actividade na função publica como o que exerce funções em organismos de utilidade publica. II - Os serviços de Lotas e Vendagem, que sempre gravitaram na orbita da Secretaria de Estado das Pescas, foram criados para satisfazer uma necessidade publica especifica, pelo que o respectivo Director da Zona Norte - nomeado por despacho do Secretario de Estado - a quem incumbia administrar dinheiros da mesma Secretaria, e funcionario publico. III -...
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