Acórdão nº 048491 de Supremo Tribunal de Justiça (Portugal), 15 de Janeiro de 1998 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 15 de Janeiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART380 ART409 ART433. CP82 ART313 ART437 B C. CP95 ART217. DL 28/84 DE 1984/01/20 ART36 N1 B C N2 N5 B N8 B ART39.
Sumário : I - O artigo 433 do CPP, consagra o duplo grau de jurisdição, não é inconstitucional. II - Se, por via de fraude na obtenção de subsídio, o prejuízo do Estado não foi o que, por erro de aritmética, se indicou mas outro diferente, no caso concreto até inferior ao constante da decisão recorrida, pode tal erro ser rectificado em recurso. III - Se os actos praticados pelo arguido e que na decisão recorrida foram havidos como integrando um crime de burla e outro de falsificação de documento tiveram lugar a partir de 22 de Março de 1985, quando ele já era Presidente de uma Câmara Municipal, e já depois da entrada em vigor do CP/82, não tem o menor relevo o facto de só em 1987 terem passado os Presidentes das Câmaras Municipais a ter a categoria de funcionários, com vencimento pelo exercício dessas funções, uma vez que, para efeitos penais, eles já se encontravam equiparados a essa categoria, nos...
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