Acórdão nº 96P109 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1996 (caso NULL)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 05 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CP82 ART30 N2 ART228 N1 C N2 ART314. CP95 ART218. CPP87 ART4 ART32 N1 ART71 ART73 N1 ART78 ART120 N2 D ART374 N2 ART410 N2 N3. CCIV66 ART289 N1. CPC67 ART156 ART158 ART528 N1 ART660 N2. L 15/94 DE 1994/05/11 ART1 E ART8 N1 B D ART9 N3 A ART11.
Sumário : I - Entre os crimes de burla e os de uso de documento falso existe concurso real de infracções. II - Constitui um só crime continuado a realização plúrima do mesmo tipo de crime ou de vários tipos do mesmo crime que fundamentalmente protejam o mesmo bem jurídico, executada por forma essencialmente homogénea e no quadro da solicitação de uma mesma situação exterior que diminua consideravelmente a culpa do agente. III - Não há actuação no quadro da solicitação de uma mesma situação exterior que diminua consideravelmente a culpa do agente, quando a actuação do agente é sempre em local diferente e antes de cada acção...
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