Acórdão nº 9610029 de Court of Appeal of Porto (Portugal), 06 de Março de 1996
Magistrado Responsável | MATOS MANSO |
Data da Resolução | 06 de Março de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART2 ART296. CP95 ART2 ART115 N1 ART116 N2 ART203 N3. CPP87 ART5 N1 N2 A.
Sumário: I - As condições objectivas de punibilidade, embora não integrando o tipo, serão assimiláveis aos elementos do tipo para a generalidade dos efeitos, designadamente para efeitos da aplicação do artigo 2 do Código Penal; as condições de procedibilidade dizem respeito ao processo e como tal aplicam-se-lhe as regras do artigo 5 do Código de Processo Penal. II - A queixa que seja condição do procedimento criminal é condição de procedibilidade e não condição de punibilidade. III - O crime de furto do artigo 296 do Código Penal de 1982 tinha natureza pública e só com a entrada em vigor do Código Penal de 1995 a procedibilidade relativamente a esse crime passou a depender de queixa do ofendido ( artigo 205 n.3 ). IV - Tendo a acusação sido deduzida antes da entrada em vigor do Código Penal de 1995, o Ministério Público tinha então legitimidade para exercer a acção penal, e continua a mantê-la, porque a nova lei processual não afecta a validade dos actos realizados...
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