Acórdão nº 042413 de Supremo Tribunal de Justiça (Portugal), 26 de Março de 1992
Magistrado Responsável | SA PEREIRA |
Data da Resolução | 26 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART48 ART49 ART72 ART300 N1 N2 A. CPP87 ART127 ART374 ART379 ART410 N2.
Sumário : I - Não constitui erro na apreciação da prova a conclusão de que "um titular não pode movimentar a conta sem autorização do outro", na medida em que a mesma se situa ao nível das relações entre titulares - a conta a prazo fora aberta com dinheiro da tia do arguido, pessoa muito idosa e o arguido ficou também como titular para poder suprimir as naturais dificuldades de movimentação da tia e o facto de esta ser analfabeta - - e não no plano das relações entre os titulares e o depositário. II - São ainda as relações entre titulares, à luz do escopo mencionado, que compatibilizam a falta de conhecimento e a vontade contrária de um deles, face a levantamento operado pelo outro. O titular livre de avançada idade, de debilidade física e de...
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