Acórdão nº 039007 de Supremo Tribunal Administrativo (Portugal), 01 de Julho de 1987 (caso None)
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 01 de Julho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO / CRIM C/PESSOAS.
Legislação Nacional: D 437/75 DE 1975/08/16 ART7 N1 B ART21 F ART22 E. CP82 ART30 ART313 ART314. CP886 ART451 PAR1.
Jurisprudência Nacional: AC STJ DE 1983/12/21 IN BMJ N332 PAG341.
Sumário : I - Considerando o disposto nos artigos 7, n. 1, alinea b), 21, alinea f) e 22, alinea e), do Decreto n. 437/75, de 16 de Agosto, o essencial e fundamental para a extradição são os factos que o Estado requerente imputa ao extraditando e pelos quais o pretende julgar, indicando a sua qualificação juridica, visto que nem todas as infracções e factos justificam a extradição. II - O crime de burla referido nos artigos 313 e 314 do Codigo Penal pode ser cometido atraves de falsificação, sendo esta a justificar o erro ou engano a que se refere o referido artigo 313. III - No Codigo Penal de 1886, dispunha-se - artigo 451, paragrafo 1 - que seria aplicada a pena mais grave de falsidade, se houver lugar. IV - No actual Codigo Penal - artigo 30 -, prescreve-se que havera, em regra, dois crimes, por haver violação de dois interesses diferentes - do patrimonio alheio e da boa fe que devem merecer os documentos, em especial os de credito, por serem meio de facilitar as transacções e a vida...
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