Acórdão nº 044287 de Supremo Tribunal Administrativo (Portugal), 24 de Junho de 1993 (caso None)
Magistrado Responsável | COSTA PEREIRA |
Data da Resolução | 24 de Junho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART30 N2 ART78 N5 ART299 ART300 N1 N2 B N3 ART313 N1. L 23/91 DE 1991/07/04 ART14 N1 B.
Jurisprudência Nacional: AC STJ DE 1988/01/27 IN BMJ N373 PÁG327. AC STJ PROC42243 DE 1993/01/08. AC STJ DE 1983/05/04 IN BMJ N327 PÁG447. AC STJ DE 1983/05/25 IN BMJ N332 PÁG325. AC STJ DE 1983/12/14 IN BMJ N333 PÁG256. AC STJ DE 1984/01/25 IN BMJ N335 PÁG185. AC STJ DE 1984/03/08 IN BMJ N339 PÁG289. AC STJ DE 1984/07/18 IN BMJ N371 PÁG255.
Sumário : I - Constitui crime de abuso de confiança e não de burla, o facto de um empregado bancário, no exercício das suas funções, através de expedientes por ele calculados, se apoderar para seu proveito próprio de quantia subtraída ao Banco. II - Enquanto no abuso de confiança a apropriação incide sobre uma coisa entregue licitamente ao agente, na burla a actividade astuciosa que provoca o erro ou o engano sobre os factos tem de preceder o enriquecimento ilegítimo e de certa maneira provocá-lo. III - No caso de burla o crime consuma-se logo com a recepção da coisa; no crime...
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