Acórdão nº 9130644 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1991
| Magistrado Responsável | LUIS VALE |
| Data da Resolução | 18 de Dezembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP886 ART451 N3 ART421 N5. CP82 ART313 ART314 C.
Jurisprudência Nacional: AC RP DE 1983/07/01 IN CJ ANOVIII T3 PAG99.
Sumário: I - São requisitos do crime de burla previsto e punido pelo artigo 313 do Codigo Penal: 1- Que o agente tenha intenção de obter para si ou para terceiro um enriquecimento ilegitimo. 2- Que, com tal objectivo, astuciosamente induza em erro ou engano o ofendido sobre tais factos. 3- Que, assim determine o ofendido a pratica de actos que lhe causem, ou a outra pessoa, prejuizos materiais. II - O ser necessario que se utilize um meio engenhoso para enganar ou induzir em erro, constitui exigencia que acresce a um dolo que e especifico, pois e indispensavel que o agente actue com a intenção de enriquecimento ilegitimo. III - E o enriquecimento ou acrescimo patrimonial so e...
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