Acórdão nº 9110594 de Court of Appeal of Porto (Portugal), 30 de Outubro de 1991
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 30 de Outubro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART107 N1 ART111 ART114 ART155 N3 ART308 N2. CPP87 ART41 ART48 ART51 ART277.
Jurisprudência Nacional: AC RE DE 1984/06/19 IN CJ T3 ANOIX PAG358.
Sumário: I - Tendo sido instaurado procedimento criminal pelo crime do artigo 155 do Código Penal ( o denunciado teria ameaçado o queixoso com uma pistola ), mas sido ordenado o arquivamento do inquérito, por desistência válida do ofendido, não haverá que decretar o perdimento da arma a favor do Estado, porque, não obstante haver indícios suficientes da prática desses factos, o arguido não chegou a ser julgado, não se tendo comprovado judicialmente a existência de qualquer crime, sendo que a aplicação dos artigos 107 e seguintes daquele Código depende da prática de um crime. II - O preceito do artigo 107 do Código Penal tem natureza essencialmente preventiva, evidenciada pela conexão dos objectos com o...
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