Acórdão nº 036040 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1981
| Magistrado Responsável | JOSE LUIS PEREIRA |
| Data da Resolução | 10 de Dezembro de 1981 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETENCIA.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CJM77 ART86 ART94 ART95 ART97. CP886 ART407.
Sumário : O exercicio da "autoridade" ha-de estar sempre explicito ou implicito na actuação do agente, sem o que não se poderão verificar os crimes de abuso previstos nos artigos 86 a 97 do Codigo de Justiça Militar. Assim, não comete a infracção do artigo 95 referido ao artigo 94, alinea a), daquele diploma, mas antes a prevista no artigo 407 do Codigo Penal, o cabo da G. N...
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