Acórdão nº 9120353 de Court of Appeal of Porto (Portugal), 02 de Outubro de 1991
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 02 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECLARAçãO DE COMPETENCIA.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL. DIR JUDIC - CONFLITOS.
Legislação Nacional: CP82 ART22 ART23 ART74 ART297 N1 G N2 C D ART308. CPP87 ART16 N2 C ART311 N1.
Sumário: 1. Deduzida acusação em processo comum e com intervenção do tribunal colectivo pela pratica do crime de furto qualificado, na forma tentada, previsto e punido pelos arts. 297 ns. 1 al. g) e 2 als. c) e d), 22, 23 e 74 do Codigo Penal, mas não resultando do inquerito indicios suficientes da existencia no interior do veiculo de quaisquer objectos susceptiveis de apropriação e de que o arguido pretendesse apropriar-se do que quer que fosse, justifica-se o despacho de não recebimento da acusação, por esta ser manifestamente infundada, proferido pelo juiz do Juizo Criminal. 2. Integrando, porem, os factos descritos na acusação o crime de dano do art. 308 do Codigo Penal ( o arguido partiu voluntariamente o vidro ventilador do veiculo ), deveria aquele magistrado ter-se pronunciado...
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