Acórdão nº 9540352 de Court of Appeal of Porto (Portugal), 07 de Junho de 1995
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 07 de Junho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART177 ART296 ART297 N1 N2 C D H ART308 N1. CPP87 ART358 ART359. L 15/94 DE 1994/05/11 ART1 I ART2 N1 N2 N3.
Jurisprudência Nacional: AC STJ DE 1991/04/04 IN BMJ N406 PAG320.
Sumário: I - Acusados os arguidos pelo crime de furto qualificado dos artigos 296 e 297 n. 2, alíneas c), d) e b) do Código Penal ( os factos que consubstanciavam a agravativa da alínea d) constituiam o crime autónomo do artigo 177 do mesmo Código, cujo procedimento criminal o Ministério Público considerou extinto por amnistia - artigo 1, alínea i) da Lei n. 15/94, de 11 de Maio , e recebida a acusação por despacho não impugnado que qualificou os factos como integrando o crime dos artigos 296 e 297 n. 2, alíneas c) e b), não merece qualquer censura o despacho posterior que, face à declaração de renúncia do ofendido à reparação dos danos sofridos, julgou extinto o...
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