Acórdão nº 9710973 de Court of Appeal of Porto (Portugal), 29 de Abril de 1998
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 29 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: CP82 ART260. CP95 ART275 N2. DL 207-A/75 DE 1975/04/17 ART3 ART4 N2. DL 48/95 DE 1995/03/15 ART4. CPP87 ART283 N1. DL 37313 DE 1949/02/21 ART9 ART10.
Sumário: I - Considerando o juiz que os factos descritos na acusação não são subsumíveis a qualquer ilícito criminal, impõe-se a rejeição daquela por manifestamente infundada, não obstante poder haver uma divergência jurisprudencial traduzida em duas correntes jurisprudenciais definidas acerca de uma determinada questão de direito. II - Os utensílios com lâmina de aplicação definida, como as facas de cozinha, mesmo que em acto de posse ou detenção não justificada, estão subtraídas do elenco das armas proibidas penalmente censuradas no artigo 260 do Código Penal de 1982 e agora no n.2 do artigo 275 do Código Penal de 1995. III - Em determinadas circunstâncias pode...
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