Acórdão nº 0296823 de Supremo Tribunal Administrativo (Portugal), 09 de Dezembro de 1992 (caso None)
Magistrado Responsável | DINIS ALVES |
Data da Resolução | 09 de Dezembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR CRIM.
Legislação Nacional: CP82 ART228 N3 ART313 ART314 C ART424 N1. CPP87 ART198 ART200 N1 B N3 ART202 N1 A ART204 ART209 N1.
Jurisprudência Nacional: AC RL DE 1988/06/03 IN BMJ N368 PAG602.
Sumário: I - Mostra-se indiciada a prática pelo arguido de crimes de peculato e de falsificação, descritos nos artigos 424, n. 1, e 228, n. 3, do Código Penal, cuja penalidade é, respectivamente, de 2 a 8 anos de prisão e multa até 100 dias e de 1 a 6 anos de prisão e multa até 120 dias, e, ainda, o crime de burla agravada, previsto pelo artigo 314, alínea c), do Código Penal, e punível com prisão de 1 a 10 anos. II - Apesar do artigo 209, n. 1, do Código de Processo Penal impor, como regra, a prisão preventiva, isso não obsta a que, perante os motivos desde que apresentem relevo especial ou moldem condições excepcionais, o Juiz não possa optar pela liberdade provisória em vez da prisão preventiva quando, fundamentadamente, esta seja desaconselhada pelo condicionalismo, por desnecessária para garantir os fins do processo. III - "In casu", não se detecta perigo para a aquisição, conservação ou veracidade da prova, já que o arguido confessou a sua responsabilidade e explicitou o "modus operandi", colaborou com a instituição lesada e com as...
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