Acórdão nº 98P179 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1998 (caso None)
| Data | 21 Maio 1998 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: ANULADO O JULGAMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO. DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: CP95 ART217 N1. CPP87 ART410 N2 A B ART426 ART433 ART436.
Sum·rio : I - Para que o crime de burla se verifique È necess·rio que se configure e estabeleÁa uma relaÁ„o causal adequada entre o erro e o engano criados e a pr·tica de actos pelo ofendido que, a esta ou a outra pessoa, sejam patrimonialmente prejudiciais sem o que aqueles seriam irrelevantes para que estes actos fossem praticados. II - Se, por distracÁ„o A... aceitou um cheque e n„o reparou nos dizeres deste e foi por via dessa distracÁ„o e dessa falta de atenÁ„o que n„o recusou aquele tÌtulo, n„o pode seguramente concluir-se que tenha sido o arguido que por meio de erro ou engano artificiosamente provocado sobre a validade e efic·cia do sobredito cheque a levar o mesmo A... a receber o mencionado cheque como pagamento de...
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