Acórdão nº 9050510 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1990
| Magistrado Responsável | SOUSA GUEDES |
| Data da Resolução | 10 de Outubro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART13 ART17 N1 ART397.
Sumário: I - Tendo a apreensão e a nomeação de fiel depositário sido feitas sem justificação legal, o agente que não respeita tal apreensão não comete o crime do artigo 397 do Código Penal, que pressupõe que aquela seja legítima, pelo que a acusação por tal infracção não deve ser recebida. II - O erro não censurável sobre a ilicitude exclui a...
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