Acórdão nº 9810695 de Court of Appeal of Porto (Portugal), 14 de Outubro de 1998 (caso NULL)
| Magistrado Responsável | MILHEIRO DE OLIVEIRA |
| Data da Resolução | 14 de Outubro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART316 N1 C.
Jurisprudência Nacional: AC STJ DE 1987/05/13 IN BMJ N367 PAG302.
Sumário: I - Reconhecendo embora que a questão não é isenta de dúvidas, entende-se que não se verifica o elemento típico do crime - recusa de solver a dívida - se não se permite ao utilizador do transporte pagar o preço do bilhete, visto que o que consta da acusação é que não efectuou o pagamento da multa prevista no artigo 3 n.2 alínea b) do Decreto-Lei 108/78, acrescida do preço do bilhete, ficando impossibilitada de pagar o preço do bilhete em singelo. Com a criação do tipo legal de crime do artigo 316 n.1 alínea c) do Código Penal de 1982 ( a que corresponde o artigo 220 n.1 alínea c) do...
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