Acórdão nº 041555 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1991
Magistrado Responsável | CERQUEIRA VAHIA |
Data da Resolução | 24 de Abril de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / CRIM C/ESTADO. DIR PROC PENAL.
Legislação Nacional: CPP87 ART358 ART359 ART433. CP82 ART13 ART14 N1 ART48 ART71 ART72 ART129 ART296 ART300 N1 ART424. CONST89 ART32.
Sumário : I - Pratica o crime de abuso de confiança, quem ilegitimamente se apropriar de coisa movel que lhe foi entregue por titulo não translativo de propriedade. II - Este crime consuma-se quando o agente, que recebe a coisa por titulo não translativo da propriedade para lhe dar determinado destino, dela se apropria passando a agir "animo domini". III - Para que se verifique o elemento "entrega", basta que o agente se encontre investido num poder sobre a coisa entregue que lhe de possibilidade de...
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