Acórdão nº 9340062 de Court of Appeal of Porto (Portugal), 24 de Fevereiro de 1993
Magistrado Responsável | PEREIRA CABRAL |
Data da Resolução | 24 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART316 N1 C. DL 39780 DE 1954/08/21 ART39 ART43. CPP87 ART410 N2 A.
Jurisprudência Nacional: AC STJ DE 1987/10/21 IN BMJ N370 PAG312.
Sumário: I - A norma do artigo 316, nº 1, alínea c) do Código Penal, não revogou os preceitos contravencionais do regulamento para a Exploração e Polícia dos Caminhos de Ferro ( Decreto-Lei 39780 de 21 de Agosto de 1954 ), ainda que lhe tivesse reduzido o seu âmbito à mera negligência. II - Dando-se apenas como provado na sentença que o arguido utilizou o comboio e que se recusou a pagar o respectivo preço, há insuficiência da...
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