Acórdão nº 047695 de Supremo Tribunal de Justiça (Portugal), 16 de Novembro de 1995
Magistrado Responsável | SA FERREIRA |
Data da Resolução | 16 de Novembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/ESTADO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART127 ART410 N2 C N3 ART433. L 16/86 DE 1986/06/11. DL 48/95 DE 1995/03/15 ART2 N4 ART71 N1 N2 ART202 B ART259 N1 ART375 N1. CP82 ART14 N1 ART48 ART72 N2 E ART231 N1 ART424 N1. L 23/91 DE 1991/07/04 ART14 N1 B. L 15/94 DE 1994/05/11 ART8 N1 B D ART11.
Sumário : I - Tem o Supremo Tribunal de Justiça entendido que há erro notório na apreciação da prova quando resulta do texto da decisão recorrida, por si só ou conjugada com as regras da experiência, e é de tal modo evidente que não passa despercebido ao comum dos observadores, ou seja, quando o homem médio facilmente dele se dá conta. II - Comete o crime de peculato, previsto e punido no artigo 424 do Código Penal anterior e 375 do actual, o funcionário que, ilicitamente se apropriar, em proveito próprio de dinheiro público ou particular, que lhe foi entregue, estiver na sua posse ou lhe for acessível em razão das suas funções. III - Comete o crime de subtracção de...
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