Acórdão nº 037609 de Supremo Tribunal de Justiça (Portugal), 19 de Dezembro de 1984
Magistrado Responsável | QUESADA PASTOR |
Data da Resolução | 19 de Dezembro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 605/75 DE 1975/11/03 ART21. CPP29 ART666. CP886 ART421 N4 ART453. CP82 ART2 N4 ART303 N2 A.
Sumário : I - Apesar do disposto nos artigos 21 do Decreto-Lei n. 605/75, de 3 de Novembro, e 666 do Codigo de Processo Penal, e admissivel recurso para o Supremo Tribunal de Justiça de acordão da Relação sobre despacho de não pronuncia proferido na 1 instancia, quando não esta posta em causa a suficiencia ou insuficiencia de indicios para a pronuncia, mas apenas o direito aplicavel a certos factos que se dão como liquidos. II - Constitui um crime de abuso de confiança, e não varios crimes de burla, a conduta da responsavel por uma pensão que, tendo recebido do IARN diversas quantias em dinheiro, no total de 154450 escudos, para aplicar na alimentação dos desalojados das ex-colonias que hospedara, as desencaminhou em seu proveito, e com prejuizo de quem lhas confiara. III - Sendo tal crime...
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