Acórdão nº 0004283 de Court of Appeal of Lisbon (Portugal), 12 de Julho de 1995
Magistrado Responsável | SANTOS CARVALHO |
Data da Resolução | 12 de Julho de 1995 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART107 ART109. D 12487 DE 1926/10/14 ART14 PAR1. CPP87 ART186.
Sumário: I - Os artigos 107 a 109 do CP regulam a perda de objectos apreendidos no processo a favor do Estado como efeito penal secundário. II - A perda de objectos apreendidos, ligada apenas a aspectos administrativos do processo e não a efeitos penais é regulada pelo Decreto 12487 de 14 de Outubro de 1926, art. 14 parágrafo 1, cujo normativo continua em vigor. III - No art. 107, como medida de carácter preventivo, não é necessária a existência de uma condenação e não é necessário também que os objectos pertençam ao arguido. IV - No art. 109 é imperiosa a existência de uma condenação e o perdimento tem de ser feito "sem prejuizo dos direitos do ofendido e de...
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