Acórdão nº 96P287 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1996 (caso NULL)
Data | 16 Maio 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART313 N1 ART314 C ART400 N2. CCIV867 ART220 ART289 ART483 ART562 ART805 ART1143.
Jurisprudência Nacional: AC STJ DE 1990/02/07 IN CJ ANOXV TI PAG25.
Sumário : I - O facto de o arguido, indevidamente, se intitular advogado, sem que fosse licenciado em Direito nem estivesse inscrito como tal na Ordem dos Advogados, não tendo, contudo, praticado actos próprios da advogacia, limitando-se a uma conduta que pode ser exercida por qualquer pessoa sem habilitações académicas, não integra o crime previsto e punido pelo artigo 400, n. 2, do Código Penal de 1982. II - Provado que o arguido, com vista a uma projectada compra de um imóvel para a assistente, convenceu esta a contrair um empréstimo em dinheiro para o efeito e que, por via disso, a mesma assistente celebrou com um seu tio um empréstimo que excedeu os 3 milhões de escudos, a serem pagos a prestações, tendo aquele se locupletado indevidamente com tal importância, comete ele o crime de burla previsto pelos artigos 313, n. 1, e 314, alínea c), do Código Penal de 1982, pelo qual foi condenado. III - Havendo o dinheiro emprestado pelo seu tio entrado no património da assistente, dele vindo a fazer parte, embora o empréstimo seja nulo por falta de forma -...
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