Acórdão nº 035794 de Supremo Tribunal Administrativo (Portugal), 19 de Março de 1980 (caso None)
Data | 19 Março 1980 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO / CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: CP886 ART23 N4 ART34 N7 N10 N33 N34 ART39 N1 N9 N18 N23 ART84 ART94 N2 N4 ART102 ART106 N2 PARUNICO ART216 N4 ART222 ART421 N1 N4 PARUNICO ART450 N1 ART451 N1 N2 N3 ART453 ART456. DL 274/75 DE 1975/06/04 ART1 N1. DL 28/79 DE 1979/02/22. CPP29 ART138 N3 ART139 ART140 ART153 ART468 ART494 ART571 PAR3 ART663.
Jurisprudência Nacional: AC STJ DE 1954/04/28 IN BMJ N42 PAG110. AC STJ DE 1955/12/07 IN BMJ N52 PAG675. AC STJ DE 1959/06/24 IN BMJ N88 PAG225. AC STJ DE 1974/05/29 IN BMJ N237 PAG124.
Sumário : I - O aluguer de automoveis sem condutor obtido atraves da falsificação dos bilhetes de identidade e das cartas de condução, sendo o contrato de aluguer um mero artificio utilizado para a entrega das viaturas que os pretensos locatarios destinavam a venda, constitui crime de burla e não abuso de confiança. II - Não obsta a aplicação do paragrafo unico do artigo 421 do Codigo Penal o facto de os automoveis pertencerem a varios donos, dada a unidade de designio criminoso que presidiu as diversas infracções, reveladoras da maior capacidade criminosa do agente e...
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