Acórdão nº 9440865 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1995
Magistrado Responsável | OLIVEIRA DOS SANTOS |
Data da Resolução | 01 de Fevereiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CE54 ART61 N2 D ART63. CP82 ART2 N4 ART107 N1 N2 ART108 N1 ART109 N2. CP886 ART75 N1. CONST92 ART29 N4. DL 114/94 DE 1994/05/03 ART2.
Jurisprudência Nacional: AC STJ DE 1987/03/11 IN BMJ N365 PAG405. AC STJ DE 1991/01/02 IN CJ T3 ANO XVI PAG5. AC STJ DE 1992/01/16 IN BMJ N413 PAG206. AC STJ DE 1992/01/29 IN BMJ N413 PAG259. AC STJ DE 1994/04/27 IN CJSTJ T2 ANO II PAG195. AC STJ DE 1991/07/04 IN BMJ N409 PAG368. AC STJ DE 1992/01/22 IN BMJ N413 PAG217.
Sumário: I - Face ao disposto no artigo 107, n1, do Código Penal, devem ser declarados perdidos a favor do Estado os instrumentos do crime que ofereçam a perigosidade típica aludida nesse preceito, ainda que pertençam ao ofendido ou a terceiro, a quem se reconhecerá então o direito de serem indemnizados. II - Pelo artigo 109, n.2, do mesmo diploma, devem ser igualmente declarados perdidos, a favor do Estado os instrumentos relacionados com o crime efectivamente cometido e objecto de condenação, mas agora sem prejuizo dos direitos do ofendido ou de terceiro. III - Deve ser declarado perdido a favor do Estado, ao abrigo do desposto no artigo 109, n 2 o veículo automóvel pertencente ao arguido, por este utilizado para o cometimento de um crime tentado do artigo 144, n 2, do Código Penal, pelo qual veio a ser condenado. IV - Tendo aquele crime sido cometido na vigência do Código de Estrada de 1954, devia o...
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