Acórdão nº 9710537 de Court of Appeal of Porto (Portugal), 18 de Junho de 1997
| Magistrado Responsável | COSTA MORTAGUA |
| Data da Resolução | 18 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP95 ART109.
Jurisprudência Nacional: AC STJ DE 1997/02/06 IN DR IS-A 1997/03/06.
Sumário: I - Não é de declarar perdida a favor do Estado uma pistola calibre 6,35 mm, devidamente legalizada, cujo proprietário tem a respectiva licença de uso e porte de arma em dia e que foi apreendida no decurso de inquérito por crime de ameaças cujo procedimento criminal foi declarado extinto por ter havido desistência da queixa. II - Falecendo desde logo o primeiro pressuposto exigido no artigo 109 do Código de Processo Penal - a prática do crime ( que só por sentença transitada em julgado se...
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