Acórdão nº 96P1405 de Supremo Tribunal Administrativo (Portugal), 03 de Julho de 1997 (caso None)
| Data | 03 Julho 1997 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART313 N1 ART314 C. CPP87 ART169. CCIV66 ART376 ART464 ART465. CP95 ART202 A ART217 N1 ART218 N1.
Sumário : I - Comete o crime de burla agravada previsto e punido pelos artigos 313, n. 1, e 314, alínea c), do CP/82, e, agora, nos artigos 202, alínea a), 217, n. 1 e 218 n. 1 do CP/95, quem, intitulando-se gestor dos co-herdeiros de determinado imóvel e invocando essa qualidade, promete vender a terceiros o mencionado imóvel, logo recebendo do promitente comprador 2000000 escudos, a título de sinal, quantia que fez sua, nunca tendo tido a intenção de exercer a sua proclamada gestão e sendo os ditos co-herdeiros allheios à celebração daquele pretenso contrato-promessa de compra e venda, desconhecendo que o arguido o havia celebrado e nem tendo sido eles que determinaram o incumprimento de tal contrato promessa que, aliás, não ratificaram. II - Uma...
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