Acórdão nº 040644 de Supremo Tribunal de Justiça (Portugal), 21 de Fevereiro de 1990
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 21 de Fevereiro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CPP29 ART667 PAR1 N1. CP82 ART30 N1 ART78 N1 ART176 ART297. L 16/86 DE 1986/06/11 ART13 N1 B N2.
Sumário : I - Ha concurso real, e não aparente, entre os crimes de furto qualificado e de introdução em casa alheia, pois os artigos 297 e 176 do Codigo Penal protegem bens juridicos distintos, e não ha ofensa do principio "ne bis in idem" quando o furto for qualificado por uma circunstancia diferente da introdução em casa alheia, não se verificando portanto especialidade ou consumpção. II - Na punição do furto protege-se o...
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