Acórdão nº 0124748 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1991
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 27 de Fevereiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART313 N1.
Jurisprudência Nacional: AC STJ DE 1987/11/04 IN TJ N35 PAG14.
Sumário: 1 - O art. 313. n.1 do Codigo Penal não contempla a burla por omissão ( pelo simples " aproveitamento das circunstancias "); so incrimina a burla por acção: o agente ha-de provocar astuciosamente o erro ou engano. 2 - " A exigencia de que o erro ou engano tenham sido astuciosamente provocados conduz-nos a que a burla por omissão so possa verificar-se quando por parte do agente havia um dever de informação que não foi cumprido ". 3 - Se um gerente de uma sociedade, para pagamento de uma divida desta, emite varias letras a favor do...
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