Acórdão nº 9540665 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1995
Magistrado Responsável | VALENTE DE PINHO |
Data da Resolução | 15 de Novembro 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 - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPC67 ART666 N1. CP82 ART107 N1 N2 ART109 N2. CPP87 ART374 ART379 A ART380.
Sumário: I - São diferentes os campos de aplicação dos artigos 107 e 109 n.2 do Código Penal de 1982. São requisitos para aplicação do artigo 107 o facto ilícito-típico e a perigosidade que deve ser avaliada em concreto. O seu n.1 contempla a hipótese de o processo penal correr contra pessoa determinada, em que o pressuposto da perda é a simples verificação do facto ilícito-típico; no seu n.2 cabem não só os casos em que o agente está determinado, mas em que o processo deve ser arquivado por qualquer causa de extinção de responsabilidade ou por falta de pressupostos processuais, mas também os casos em que basta a verificação de um tipo objectivo de ilícito, mantendo-se desconhecida a pessoa do agente. Por sua vez, o n.2 do artigo 109 contempla a hipótese da perda de qualquer vantagem patrimonial derivada do facto ilícito-típico que engloba todo e qualquer benefício patrimonial que resulte do crime ( e não abrangido pelo artigo 107 ) ou através dele tenha sido alcançado pelo agente; II - Acusado o arguido pelos crimes de dano, desobediência e coacção a funcionário e sido condenado por sentença transitada em julgado apenas quanto ao último ( o procedimento criminal relativamente aos restantes havia sido declarado extinto por desistência de queixa e amnistia ), mas tendo a sentença...
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