Acórdão nº 0409172 de Court of Appeal of Porto (Portugal), 30 de Maio de 1990
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 30 de Maio de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART313 N1. CPP29 ART349. CPP87 ART283 N2.
Sumário: I - O crime de burla previsto e punido pelo artigo 313 do Código Penal, não implica a necessidade de erro ou engano provocados por um comportamento activo do agente, por palavras ou actos, podendo também ser provocados por comportamentos passivos; II - Nesse crime, não interessa saber o destino que o arguido deu ao dinheiro recebido, interessando apenas apurar que o agente o recebeu e o integrou ilicitamente no seu património, recebendo-o através de um comportamento omissivo junto do credor; III - Sendo assim se, indiciariamente, se demonstra que os arguidos deram de penhor...
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