Acórdão nº 9120337 de Court of Appeal of Porto (Portugal), 04 de Dezembro de 1991
Magistrado Responsável | CARLOS FIGUEIREDO |
Data da Resolução | 04 de Dezembro 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 - CRIM C/PATRIMONIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART22 ART23 ART74 N1 ART296 ART297 N1 C N2 C D ART299 ART308 ART309 N3 B. CPP87 ART311 ART358 ART359.
Sumário: 1. Descrevendo-se na acusação factos que tipificam um crime de de furto e um de dano, mas tendo-os o Ministerio Publico qualificado como integrando apenas o crime p. e p. pelos arts. 22, 23, 74 n. 1, 296, 297 ns. 1 al. c) e 2 als. c) e d) e 299, todos do Codigo Penal, o juiz, rejeitando a acusação quanto ao crime de furto por falta de indicios suficientes, não tem que a receber pelo crime de dano. 2. O Ministerio Publico exerceu a acção penal apenas pelo crime de furto por considerar o dano como circunstancia agravativa modificativa daquele, não se afigurando de forma nitida o elemento subjectivo do crime de dano. 3...
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