Acórdão nº 0075665 de Court of Appeal of Lisbon (Portugal), 31 de Maio de 1994
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 31 de Maio de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: LEAL HENRIQUES IN COD PEN TII PAG236.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIMES C/PESSOAS.
Legislação Nacional: CP82 ART176. CPP87 ART283 N1 N2.
Jurisprudência Nacional: AC RE DE 1984/03/27 IN CJ TII PAG295. AC RP DE 1977/05/13 IN CJ TIV PAG841.
Sumário: I - Não é só pelo facto de os arguidos - senhorios do prédio de habitação de que o assistente é inquilino - - pretenderem mudar a sua fechadura, quando a casa estava temporariamente desabitada, com ele e família em Angola, que se lhes poderá imputar o crime de furto de objectos do seu interior; igualmente, não será só pelo facto de lá terem entrado e de terem alegadamente desaparecido dali objectos e valores que serão suficientes os indícios da prática de crime de furto qualificado (arts. 296 e 297, ns. 1, al. a, e 2, als. c), d) e h), do CP). II - A casa fora arrendada...
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