Acórdão nº 9250826 de Court of Appeal of Porto (Portugal), 13 de Janeiro de 1993
| Magistrado Responsável | ANTONIO CABRAL |
| Data da Resolução | 13 de Janeiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CCIV66 ART336. CP82 ART17 ART30 N2 ART31 ART308 N1. CPP87 ART7 ART127 ART364 N1 ART410 N2 A B C ART428.
Sumário: I - Cometem o crime da previsão do artigo 308, nº 1 do Código Penal os arguidos que rebentaram voluntariamente um portão e parte do muro que o suportava, o qual vedava uma propriedade do queixoso, sabendo eles que tais coisas eram alheias e que actuavam sem autorização e contra a vontade do dono. II - Não resultando da matéria de facto que os arguidos fossem titulares de qualquer direito de passagem sobre o prédio do queixoso, antes tão só se provou que este, cerca de 2 anos antes, colocara o referido portão para tapar a entrada de um caminho situado nesse prédio, por...
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