Acórdão nº 9130848 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1992
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 12 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART313 ART319. CPP87 ART309.
Sumário: I - Se os arguidos, requerentes da instrução, foram acusados pelo crime de infidelidade previsto e punido pelo artigo 319 do Código Penal, nunca poderiam ser pronunciados pelo crime de burla do artigo 313 do mesmo Código, visto a decisão instrutória se encontrar vinculada à não alteração substancial dos factos da acusação, designadamente à não incriminação por crime que agrave os limites máximos da pena cominada para o crime acusado. II - Um dos elementos...
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