Acórdão nº 97P597 de Supremo Tribunal Administrativo (Portugal), 25 de Setembro de 1997 (caso None)
Magistrado Responsável | CARLINDO COSTA |
Data da Resolução | 25 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO. DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: CP82 ART22 ART23 N1 ART74 ART78 N1 ART313 N1 ART314 C. CP95 ART77 N1 ART218. CPP87 ART1 ART358 N1. L 15/94 DE 1994/05/11 ART8 N1 D ART9 N3 A N4 ART11.
JurisprudÍncia Nacional: AC STJ DE 1988/12/14 IN BMJ N382 PAG314.
Sum·rio : I - O crime de burla referido no artigo 314, alÌnea c), do CP/82, tinha como elementos constitutivos, alÈm dos elementos do crime simples do artigo 313, o de o valor do prejuÌzo ser consideravelmente elevado e n„o ter sido reparado pelo agente atÈ ser instaurado o procedimento criminal, requisito este que sÛ podia ter lugar na hipÛtese de o crime se ter consumado, ou seja, quando houvesse efectivo prejuÌzo, o que n„o podia existir na forma tentada. II - Hoje, o artigo 218 do CP/95 considera a restituiÁ„o ou a reparaÁ„o como elemento, apenas, para a atenuaÁ„o especial do crime de burla agravada. III - Sem o elemento que tornava qualificado o crime de burla nos termos do artigo 314, alÌnea c) do CP/82, n„o...
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