Acórdão nº 0039765 de Supremo Tribunal Administrativo (Portugal), 24 de Novembro de 1992 (caso None)
| Magistrado Responsável | SIMÕES RIBEIRO |
| Data da Resolução | 24 de Novembro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO. DIR ECON - DIR TRANSP DIR RODOV.
Legislação Nacional: CP82 ART316 N1 A. DL 39780 DE 1954/08/21 ART39 ART43 N1. PORT 403/75 DE 1975/06/30 ART7. PORT 1116/80 DE 1980/12/31. DL 108/78 DE 1978/05/24 ART2 N1 ART3. DL 400/82 DE 1982/09/23 ART6.
Jurisprudência Nacional: AC STJ DE 1987/05/13 IN BMJ N367 PAG302. AC STJ DE 1987/10/21 IN BMJ N370 PAG312.
Sumário: I - São elementos deste tipo legal de crime (art. 316, n. 1, c), CP), além da utilização do meio de transporte sem título válido (elemento comum às contravenções referidas), a consciência da obrigação de pagar um preço, a recusa desse pagamento e a actuação com essa intenção (elementos especiais modificativos). II - Estes elementos especiais...
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