Acórdão nº 041785 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1991
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 02 de Outubro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. ALTERADA A QUALIFICAÇÃO JURIDICA.
Área Temática: DIR CRIM.
Legislação Nacional: CP82 ART228 ART319 ART437.
Sumário : I - O funcionario previsto no n. 3 do artigo 228 do Codigo Penal so pode ser o funcionario publico tal como este se encontra definido no artigo 437 do mesmo Codigo. II - Um funcionario de um Banco, ainda que nacionalizado, não tem a categoria de funcionario publico, por a sua actividade não caber em qualquer das previsões do artigo 437 do Codigo Penal. III - A conduta de infidelidade funcional do funcionario de um Banco não e subsumivel ao crime de peculato (que exige a qualidade de funcionario publico) mas ao crime de infidelidade...
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