Acórdão nº 8951350 de Court of Appeal of Porto (Portugal), 07 de Março de 1990
| Data | 07 Março 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART313 N1.
Jurisprudência Nacional: AC STJ DE 1987/11/04 IN TJ N35 PAG94.
Sumário: I - Não pratica um crime de burla o arguido que, num casino, para pagamento de fichas de jogo, preenche, assina e entrega a um funcionário daquele, um cheque de determinada quantia sacada sobre uma agência bancária e que, apresentado a pagamento foi devolvido por falta de provisão. II - É que, nos termos do artigo 313 nº 1 do Código Penal, na burla, a agressão ao património opera-se através do aproveitamento fraudulento de uma vontade viciada por erro ou engano provocados por meios artificiosos em que o agente se encontra animado pela intenção de obter um enriquecimento ilegítimo. III - A emissão de cheque sem provisão não integra ainda, só por si, um crime de...
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