Acórdão nº 9120398 de Court of Appeal of Porto (Portugal), 16 de Outubro de 1991
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 16 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A QUALIFICAçãO JURIDICA.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART228 N1 B N2 ART313.
Jurisprudência Nacional: AC RP DE 1983/02/02 IN CJ T1 ANOVIII PAG257. AC RC DE 1986/10/08 IN CJ T4 ANOXI PAG106. AC RP DE 1988/11/30 IN CJ T5 ANOXIII PAG227.
Sumário: I- O crime de burla ( art. 313 C. P. ) configura-se atraves dos seguintes pressupostos: a) obtenção para o agente ou terceiro de um enriquecimento ilegitimo; b) que o agente, para obtenção desse enriquecimento, astuciosamente induza em erro ou engano outrem; c) e que atraves desses meios determine o ofendido ou contra-parte a pratica de actos causadores de prejuizos materiais. II- Não esta verificado o crime de burla se a arguida, depois de negocios varios, entregou ao queixoso cheques, para pagamento dos seus debitos, aos quais foi recusado pagamento por terem sido dados como extraviados pela sacadora, por não se vislumbrar sequer que esta, no momento da entrega, tivesse congeminado ja o...
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