Acórdão nº 9710679 de Supremo Tribunal Administrativo (Portugal), 03 de Junho de 1998 (caso None)
Data | 03 Junho 1998 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART220 ART481 A ART804 ART805 N1 ART806 ART1143 ART1260 ART1270 ART1271. CP82 ART313 N1. CP95 ART217 N1. CPP87 ART374 N2 ART377 N1.
Jurisprudência Nacional: ASS STJ DE 1995/03/28 IN DR IS-A 1995/05/17.
Sumário: I - O vício da contradição insanável da fundamentação tanto pode respeitar à fundamentação da matéria de facto, como à contradição na matéria de facto, como também aos meios de prova que serviram para formar a convicção do juiz ( artigo 374 n.2 do Código de Processo Penal ). II - São elementos constitutivos do crime de burla do artigo 313 n.1 do Código Penal de 1982 ( a que corresponde agora o n.1 do artigo 217 do Código Penal de 1995 ) que o agente: a) tenha a intenção de obter para si ou para terceiro um enriquecimento ilegítimo; b) com esse objectivo, astuciosamente, induza em erro ou engano o ofendido sobre factos; e c) desse modo determine o ofendido à prática de actos que causem a este, ou a outra pessoa, prejuízos patrimoniais. III - Não resultando da matéria de facto provada que o ofendido apenas tivesse anuído a entregar o dinheiro ao arguido, ainda que a título de...
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