Acórdão nº 9120003 de Court of Appeal of Porto (Portugal), 06 de Março de 1991
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 06 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART313 N1 ART314 C ART228 N1 C N2. CCIV66 ART754.
Jurisprudência Nacional: AC STJ DE 1988/02/24 IN BMJ N374 PAG222.
Sumário: 1. São elementos constitutivos do crime de burla p. e p. pelo artigo 313 n.1 do Codigo Penal: a) que o respectivo agente tenha a intenção de obter, para si ou para terceiro, um enriquecimento ilegitimo; b) que, com tal desiderato, astuciosamente, tenha induzido em erro ou enganado sobre factos o ofendido; c) assim o determinando a pratica de actos que lhe causem, ou causem a outrem, prejuizos patrimoniais. 2. Incorre na pratica desse crime o agente que astuciosamente faz crer ao lesado que o cheque que lhe entregou para pagamento da reparação de um automovel havia sido emitido pelo respectivo titular e tinha provisão, o que bem sabia ser falso, assim como sabia que o veiculo não lhe seria entregue se o lesado tivesse...
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