Acórdão nº 9110188 de Court of Appeal of Porto (Portugal), 19 de Junho de 1991
| Magistrado Responsável | CALHEIROS LOBO |
| Data da Resolução | 19 de Junho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO Área Temática: DIR CRIM - DIR PENAL ECON.
Legislação Nacional: DL 28/84 DE 1984/01/20 ART23 N1 A N2. CP82 ART15.
Sumário: 1.Não agiu com negligencia o comerciante que expunha a venda ao publico varias dezenas de caixas de cigarrilhas, que se apurou estarem alteradas, não obstante as mesmas terem sido por ele adquiridas ha 19 meses e, no dia anterior a detecção da alteração, lhe haverem sido devolvidas algumas caixas por um comprador que as rejeitou por estarem improprias para o consumo, não tendo aquele, apos esta devolução, procedido a qualquer exame as que expunha para venda. 2. Na verdade, e de afastar a negligencia consciente pois não e crivel que, tendo previsto que as cigarrilhas se encontravam deterioradas, esperasse que o consumidor disso se apercebesse uma vez que, lidando com o tabaco ha muitos anos saberia que a deterioração era detectada logo que uma caixa fosse...
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