Questão jurídica principal
Whether the conviction for multiple embezzlement in the check-withdrawal complex violated the indictment principle
Decisão extraída
No. The charged facts sufficiently covered the conduct; the court could requalify the same factual basis as embezzlement after giving the defense a chance to comment.
Fundamentação extraída
The indictment described the check withdrawals, the unauthorized use of the funds, and the factual context in enough detail. The new legal qualification did not rely on a different factual basis, and a double written exchange satisfied the right to be heard under Art. 344 StPO.