Acórdão nº 9740164 de Court of Appeal of Porto (Portugal), 16 de Abril de 1997
| Data | 16 Abril 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: DL 54/75 DE 1975/02/12 ART15 ART16 N2 ART23. CP82 ART388 N1 N2. CP95 ART348.
Jurisprudência Nacional: AC RP DE 1993/11/17 IN CJ T5 ANOXVIII PAG255.
Sumário: I - No âmbito de um processo executivo a correr termos em repartição de finanças, que a Fazenda Nacional moveu contra o arguido, e em que foram penhorados por aquela entidade diversos veículos, a conduta do arguido que notificado pelo chefe daquela repartição para apresentar os documentos referentes àquelas viaturas, nos termos do artigo 16 n.2 do Decreto-Lei n. 54/75, de 12 de Fevereiro, não o fez nem justificou a falta, tendo agido livre, voluntária e conscientemente, integra o crime de desobediência do artigo 388 n.1 do Código Penal de 1982, o que corresponde o artigo 348 do...
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