Acórdão nº 9540276 de Court of Appeal of Porto (Portugal), 10 de Maio de 1995
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 10 de Maio de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CP82 ART300 ART388 ART396 ART397.
Jurisprudência Nacional: AC RC DE 1983/10/26 IN CJ T4 ANOVIII PAG85. ASS STJ 2/79 DE 1979/06/28 IN BMJ N288 PAG246. AC RP PROC9150557 DE 1991/11/06. AC RP DE 1986/05/28 IN BMJ N357 PAG491. AC RP PROC9440938 DE 1995/01/04. AC STJ DE 1986/12/10 IN TJ N26 PAG20.
Sumário: I - O depositário de bem penhorado que, notificado judicialmente para o apresentar, não o apresenta, incorre no crime de abuso de confiança do artigo 300 do Código Penal ( se agiu por querer apropriar-se da coisa ); no crime do artigo 396 ( se a subtraiu, dando-lhe descaminho ou a destruiu ); no crime do artigo 397 ( se a subtraiu de modo a prejudicar a finalidade da apreensão legítima ) ou no crime do artigo 388 ( se simplesmente não quis cumprir a ordem que lhe foi dada ). II - A incriminação pela não apresentação da coisa depositada terá de ser feita em face de actividade efectivamente desenvolvida pelo agente, sendo que a respectiva...
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