Acórdão nº 0297783 de Supremo Tribunal Administrativo (Portugal), 03 de Fevereiro de 1993 (caso None)
Magistrado Responsável | ROCHA MOREIRA |
Data da Resolução | 03 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CP82 ART316. CPP87 ART33 ART262 N2 ART311 N2 A. DL 400/82 DE 1982/09/23 ART1 ART6 ART7. L 23/91 DE 1991/07/04 ART1 AA V. DL 17/91 DE 1991/01/10 ART2 ART5 ART6 ART7.
Sumário: I - É contravenção e não crime de burla (artigo 316 n. 1 alínea c) do Código Penal de 1982) o uso negligente de transporte colectivo, sem título válido. II - Ignorando-se por que motivo seguia o arguido viagem sem título de transporte nem por que, posteriormente, não pagou a multa, e (aferindo-se a existência do dolo relativamente ao momento da prática da conduta), nessa base meramente especulativa, seria incorrecto presumir as razões da falta do título de transporte ou do não pagamento, pelo que, fazendo o auto fé em juízo e sendo o crime de burla, descrito no artigo 316, n. 1, alínea c), do Código Penal, doloso, há-de concluir-se que se está no âmbito do ilícito contravencional, tanto que "o auto de notícia refere-se expressamente, não a crime, mas a transgressão". III - Estão em vigor os...
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