Acórdão nº 0265723 de Court of Appeal of Lisbon (Portugal), 06 de Março de 1991 (caso NULL)
Magistrado Responsável | ANTUNES GRANCHO |
Data da Resolução | 06 de Março de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIALMENTE.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO.
LegislaÁ„o Nacional: CP82 ART313 ART314 C.
JurisprudÍncia Nacional: AC STJ DE 1986/05/21 IN BMJ N357 PAG235.
Sum·rio: I - … de todo irrelevante, atÈ porque ofensivo do princÌpio da livre apreciaÁ„o da prova, invocar-se em recurso penal no ‚mbito do CPP/29, a insuficiÍncia da prova prestada em julgamento perante o Colectivo, quando n„o se aponta qualquer contradiÁ„o, obscuridade ou deficiÍncia nas respostas dadas aos quesitos e nem se protestou ou reclamou pela n„o audiÁ„o naquele acto, de qualquer das testemunhas arroladas e n„o ouvidas. II - Comete o crime de burla agravada, o arguido que, atravÈs da falsificaÁ„o (assinaturas) de um cheque emitido sobre a conta banc·ria de uma sociedade comercial (sem fundos suficientes) logrou astuciosamente enganar o ofendido, convencendo-o de...
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