Acórdão nº 9130213 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1991
| Magistrado Responsável | NOEL PINTO |
| Data da Resolução | 20 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP886 ART451 N3. CPP29 ART665 ART667 PAR1 N1. D 13004 DE 1927/01/12 ART24 N1. CP82 ART48 N2 ART72 ART313.
Sumário: 1 - Relativamente ao crime de burla do art. 313 do Codigo Penal, o " iter criminis " inicia-se com a fraude do agente, a qual tem por fim imediato o erro ou engano alheios, de que resulta o enriquecimento ilegitmo e o consequente prejuizo patrimonial de outrem. 2 - Ja na vigencia do art. 451 n. 3 do Codigo Penal de 1886 se entendia que o artificio fraudulento devia ser causa do erro, e o erro causa da entrega indevida ( duplo nexo de causalidade ). 3 - A formula utilizada no citado art. 313: " factos que astuciosamente provocou ", deve abranger qualquer conduta que provoque o engano ou erro de...
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