Acórdão nº 9740894 de Court of Appeal of Porto (Portugal), 26 de Novembro de 1997 (caso NULL)
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 26 de Novembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART316 N1 C. CP95 ART220 N1 C. CPP87 ART283 N3 B ART311 N2 A.
Sumário: I - São elementos constitutivos do crime de burla previsto e punido no artigo 316 n.1 alínea c) do Código Penal de 1982 ( a que corresponde o artigo 220 n.1 alíena c) do Código Penal de 1995 ): utilizar meio de transporte sem ser possuidor do título válido para o mesmo; saber que essa utilização implica o pagamento de um preço; ser intenção do agente não pagar esse preço; negar-se a solver a dívida contraída. II - Constando da acusação que o arguido viajou no comboio sem possuir bilhete ou outro título válido, não tendo procedido ao pagamento do preço nem da multa, tendo empreendido a viagem com intenção de não a pagar, e...
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