Acórdão nº 0332673 de Court of Appeal of Lisbon (Portugal), 06 de Julho de 1994
Data | 06 Julho 1994 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: GERMANO MARQUES DA SILVA IN CURSO DE PROCESSO PENAL II PAG 45.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART11 ART117 N2 N1 D ART118 ART120 N1 A. CPI40 ART217. DL 131/82 DE 1982/04/23 ART1 N1. DL 400/82 DE 1982/09/23 ART3 N1.
Sumário: I - As pessoas colectivas só são passíveis de responsabilidade criminal se a lei especialmente o admitir (art. 11 do Código Penal (CP)), o que não sucede nos casos previstos no Código da Propriedade Industrial, aprovado pelo DL n. 30679, de 24 de Agosto de 1940. II - Ora, sendo assim, há apenas que levar em conta um dos crimes de concorrência desleal eventualmente imputáveis aos arguidos, é o p. p. no art. 217 do Código da Propriedade Industrial, com a actualização decorrente dos arts. 1, n. 1, do DL n. 131/82, de 23 de Abril, e 3, n. 1, do DL n. 400/82, de 23 de Setembro, com multa de 3000 escudos a 150000 escudos, que pode ser agravada com pena de prisão de trinta dias e seis meses. Assim, a prescrição...
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