Acórdão nº 037448 de Supremo Tribunal de Justiça (Portugal), 18 de Julho de 1984
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 18 de Julho de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST - DIR FUND. DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO / CRIM C/ESTADO.
Legislação Nacional: CONST82 ART29 N4. CP886 ART34 N7 N10 N25 ART39 N1 N9 N23 ART84 ART215 ART313 ART421 N3 N4 ART437. CP82 ART2 N4 ART72 ART73 N1 N2 C ART228 N1 A ART424 N1 ART437 N1 C. DL 401/82 DE 1982/09/23 ART1 N2 ART4.
Jurisprudência Nacional: AC STJ DE 1967/05/03 IN BMJ N209 PAG119.
Sumário : I - Para se determinar a lei mais favoravel ao agente, quando as disposições penais vigentes no momento da pratica do facto punivel forem diferentes das estabelecidas em leis posteriores, deve o juiz verificar qual a pena que caberia ao mesmo agente pelo facto praticado em cada um dos sistemas e comparar os resultados obtidos. II - A expressão funcionario, do tipo legal de crime do artigo 424 do Codigo Penal, abrange o assalariado dos Correios e Telecomunicações. III - Cometem um crime continuado de peculato e um crime continuado de falsificação dois agentes, dos quais um desempenha, como assalariado, o cargo de carteiro dos Correios e Telecomunicações de Portugal quando, em execução de previo acordo: a) Num periodo de cerca de quatro meses, o agente carteiro passou a reter na sua posse vales postais nacionais emitidos pela Caixa Nacional de Pensões e endereçados a beneficiarios desta instituição...
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