Acórdão nº 9320504 de Court of Appeal of Porto (Portugal), 13 de Dezembro de 1995
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 13 de Dezembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO. CITA MOTA PINTO IN " DIREITOS REAIS " 1971 PAG204.
Área Temática: DIR PROC PENAL. DIR CIV - DIR REAIS.
Legislação Nacional: D 12487 DE 1926/10/14 ART14. CPP87 ART186. CCIV66 ART1258 N1.
Jurisprudência Nacional: AC STJ DE 1989/05/03 IN CJ T3 ANOXIV PAG20. AC RP DE 1979/10/09 IN CJ T4 ANOIV PAG1283.
Sumário: I - O Decreto n.12487, de 14 de Outubro de 1926 não foi revogado nem pelo Código de Processo Penal de 1929 nem pelo Código de Processo Penal de 1987. Assim, coexistindo as normas daquele Decreto, maxime o seu artigo 14, com as do artigo 168 do Código de Processo Penal de 1987, ainda que na sentença seja ordenada a entrega dos bens aos respectivos donos, sempre será necessário que estes as reclamem no prazo de 3 meses sobre o trânsito em julgado dessa decisão para não os verem perdidos a favor do Estado. II - Se determinada quantia em dinheiro apreendida no processo, mas não relacionada com os crimes ali apreciados, estava em poder do arguido...
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