Acórdão nº 9710653 de Court of Appeal of Porto (Portugal), 29 de Outubro de 1997
| Data | 29 Outubro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP886 ART439. CP82 ART296. CP95 ART203 N1. CPP87 ART410 N2 B C.
Jurisprudência Nacional: AC STJ DE 1960/06/01 IN BMJ N98 PAG333. AC RC DE 1989/10/11 IN CJ T4 ANOXIV PAG89. AC RE DE 1992/07/14 IN CJ T4 ANOXVII PAG314.
Sumário: I - Visto que o artigo 296 do Código Penal de 1982, assim como o artigo 203 n.1 do Código Penal de 1995 contêm a exigência expressa do dolo específico traduzido na ilegítima intenção de apropriação para si ou para terceiro, deve continuar a acolher-se a orientação jurisprudencial firmada no domínio da vigência do Código Penal de 1886 a propósito do seu artigo 439, segundo a qual não cometia o crime deste artigo o credor que se tivesse apossado duma coisa do devedor apenas para se assegurar do pagamento da dívida. II - Não...
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