Acórdão nº 97P906 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1997
| Magistrado Responsável | FLORES RIBEIRO |
| Data da Resolução | 19 de Novembro de 1997 |
| 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 / CRIM C/ESTADO.
Legislação Nacional: CP82 ART313 N1 ART420 N1 ART421 ART424 N1. CP95 ART217 N3 ART372 N1 ART375 N1. DL 48/95 DE 1995/03/15.
Jurisprudência Nacional: AC RE DE 1989/03/14 IN CJ ANO14 T2 PAG288.
Sumário : I - Em relação às infracções criminais para cujo procedimento, por força da entrada em vigor do DL 48/95, de 15 de Março, passou a ser exigida queixa, tinha o ofendido seis meses, a contar de 1 de Outubro de 1995, para a sua formulação; não o tendo feito o seu direito extinguiu-se, por caducidade, perdendo o M.P. legitimidade para acompanhar o procedimento criminal promovido. II - É elemento essencial dos crimes de peculato e corrupção que a vantagem patrimonial que se obtém seja...
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