Acórdão nº 046973 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1996 (caso NULL)
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 24 de Outubro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REJEITADO O RECURSO. NEGADO PROVIMENTO.
Indicações Eventuais: MAIA GONÇALVES IN CP PORTUGUÊS 8ED ART79 ANOT. EDUARDO CORREIA IN DIREITO CRIMINAL II 1965 PAG253.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP82 ART30 N2 ART329 N1.
Jurisprudência Nacional: AC RC DE 1984/02/15 IN BMJ N334 PAG540. AC RP DE 1982/10/08 IN BMJ N370 PAG614. AC STJ DE 1991/05/15 IN BMJ N407 PAG167. AC STJ PROC45974 DE 1993/11/24. AC STJ DE 1984/07/18 IN BMJ N339 PAG276. AC STJ PROC40205 DE 1989/10/18.
Sumário : I - Para existir crime doloso de receptação é necessário que o receptador tenha conhecimento de que se cometeu um crime contra o património e que os efeitos de que se está a aproveitar provêm da consumação de tal crime, não se exigindo, porém, que o mesmo conheça em concreto o crime cometido nem as respectivas circunstâncias de forma lugar e tempo de execução. II - Cometem o crime de receptação os arguidos que adquirem objectos apesar de saberem da sua proveniência ilícita. III - A diminuição da culpa, que constitui o...
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