Acórdão nº 9140618 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1991
| Data | 20 Novembro 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CPP29 ART349 ART366. CP82 ART296 ART297 N1 A G N2 H. L 23/91 DE 1991/07/04 ART1 F.
Jurisprudência Nacional: AC RE DE 1980/06/11 IN BMJ N301 PAG483. AC RL DE 1988/02/17 IN CJ T1 ANOXIII PAG162.
Sumário: 1 - No ambito do Codigo Penal de 1886, a doutrina e a jurisprudencia entendiam que cometia o crime de furto o agente que, tendo conjuntamente com outra pessoa o poder de detenção e guarda de coisa comum, a colocou, com ilegitima intenção de apropriação, em situação tal que implicava para essa pessoa a perda do seu direito, se se verificar tambem o elemento subjectivo. 2 - No dominio do actual Codigo Penal de 1982 continua a ser punivel o furto de coisa comum. 3 - Sendo o agente, juntamente com outro, os dois unicos socios de uma...
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