Acórdão nº 037822 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1985
| Magistrado Responsável | ALVES PEIXOTO |
| Data da Resolução | 04 de Dezembro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPC67 ART668 N1 D. CPP29 ART447 ART663 ART667. CP886 ART20 N3 ART23 N4 ART24 ART27 ART34 ART86 ART88 ART94 N5 ART123 N1 ART125 N1. DL 44939 DE 1963/03/27 ART1 N1 B. CP82 ART2 N4 ART43 ART48 ART73 N2 D ART297 N2 C H ART329 N1. L 27/81 DE 1981/08/22. DL 401/82 DE 1982/09/23 ART4. DL 371/77 DE 1977/09/20. CONST82 ART29 N3. CONST76 ART282 N1.
Jurisprudência Nacional: AC STJ DE 1979/03/13 IN BMJ N285 PAG135.
Sumário : I - São elementos do crime de receptação, previsto e punido no artigo 329 do Código Penal, a intenção de obter para si ou para terceiro vantagem patrimonial e o conhecimento da proveniência ilícita da coisa recebida. II - Segundo o artigo 24 do Código Penal de 1886, não há encobridor, sem haver autor, mas a punição do autor ou do encobridor não está subordinada à dos outros agentes do crime. III - Na determinação da medida da pena, para além de se dever observar...
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