Apelação Criminal N. 2009.36.00.005658-0/mt

Processual penal. Restituição de coisa apreendida. Propriedade do bem. Interesse ao processo. 1. Nos termos do artigo 118 do CPP, a coisa apreendida não poderá ser restituída enquanto interessar ao processo. A restituição apenas pode ser concedida quando demonstrada a propriedade do bem a ser devolvido e afastada a presunção de que foi adquirido com o produto do crime. 2. Apelação não-provida.

Rel. Des. Olindo Herculano De Menezes

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