Acórdão nº 9410421 de Court of Appeal of Porto (Portugal), 01 de Junho de 1994
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 01 de Junho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART30 ART78 N5 ART313 N1.
Jurisprudência Nacional: AC STJ DE 1986/06/25 IN BMJ N358 PAG267.
Sumário: I - A realização plúrima do mesmo tipo de crime pode constituir: um só crime, se ao longo de toda a realização tiver persistido o dolo ou resolução inicial; um só crime, na forma continuada, se toda a actuação não obedeceu ao mesmo dolo mas este estiver interligado por factores externos que arrastam o agente para a reiteração da conduta; um concurso de infracções, se não se verificar qualquer dos casos anteriores. II - No caso "sub judice", a actuação dos arguidos desenvolveu-se no âmbito de um único quadro delituoso por eles concebido "ab initio", presidido por uma única resolução criminosa, em que o recebimento sucessivo das várias quantias...
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