Acórdão nº 9840440 de Court of Appeal of Porto (Portugal), 17 de Junho de 1998
| Magistrado Responsável | TEIXEIRA PINTO |
| Data da Resolução | 17 de Junho de 1998 |
| 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 PROC PENAL.
Legislação Nacional: CP95 ART355. DL 54/75 DE 1975/02/12 ART22.
Jurisprudência Nacional: AC RP DE 1988/03/23 IN CJ T2 ANOXIII PAG224. AC RC DE 1987/02/04 IN CJ T1 ANOXII PAG69.
Sumário: I - A mera utilização de veículo penhorado por parte do fiel depositário não integra o conceito de descaminho referido no artigo 355 do Código Penal de 1995, por não significar necessariamente subtracção ao poder público. II - Poderá, porém, integrar o crime de desobediência qualificada por força do disposto no artigo 22 do Decreto-Lei n.54/75, de 12 de Fevereiro. III - Rejeitada a acusação deduzida pelo crime do artigo 355 do Código Penal de 1995, e não...
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