Acórdão nº 9110160 de Court of Appeal of Porto (Portugal), 12 de Junho de 1991
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 12 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISãO. NEGADO PROVIMENTO. ALTERADA A DECISãO.
Área Temática: DIR CRIM - DIR PENAL ECON.
Legislação Nacional: DL 28/84 DE 1984/01/20 ART24 N1 C N2 C N4 ART82 N2 C. DL 179/86 DE 1986/07/04. CPP87 ART119 B ART122.
Sumário: I- Quer em processo civil, quer em processo penal, e entendimento corrente que as conclusões de facto não são proibidas e devem ser equiparadas aos factos, embora a directa explicitação destes seja mais perfeita e mais correcta. II- O n.4, do art. 24, do D.Lei n.28/84, de 20 de Janeiro, tem utilidade e não : inconstitucional. III- Tendo o Ministerio Publico acusado apenas a socia-gerente pelo crime p. e p. nos termos do art. 24, ns. 1,c), 2 e 3 do D.L. 28/84, a condenação conjunta da respectiva sociedade comercial constitui nulidade insanavel que dermina a invalidade...
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