Acórdão nº 9120525 de Court of Appeal of Porto (Portugal), 04 de Dezembro de 1991
Magistrado Responsável | LUIS VALE |
Data da Resolução | 04 de Dezembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECLARAçãO DE COMPETENCIA.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO. DIR JUDIC - CONFLITOS.
Legislação Nacional: CP82 ART78 N5 ART300 N1 N2 A B. CPP87 ART14 N1 N2 A B ART16 N2 C. DL 212/89 DE 1989/06/30 ART6 N2. L 109/91 DE 1991/08/17 ART2 H.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N348 PAG284. AC RP DE 1986/01/12 IN CJ T5 ANOXI PAG247.
Sumário: 1. Não cabe na previsão da al. b), n. 2, do art. 300 do Codigo Penal, o tecnico de contas que, tendo-se obrigado por mero contrato particular a prestar determinados serviços ao queixoso, tiver dissipado em seu proveito quantias que tenha recebido deste para efectuar diversos pagamentos. 2. Devera entender-se que relativamente aos anos de 1987 e 1988 so sera de julgar como valor consideravelmente elevado o que ronda os 500 contos ou supere este montante. 3. Com a entrada em vigor da Lei n. 109/91, de 17 de Agosto, sobre a criminalidade informatica, passou a existir uma definição legal do conceito de " valor consideravelmente elevado ", que e aquele que exceder 200...
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