Acórdão nº 9350124 de Court of Appeal of Porto (Portugal), 24 de Março de 1993
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 24 de Março de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART316 N1 C. DL 39780 DE 1954/08/21 ART39 ART43 N1.
Jurisprudência Nacional: AC STJ DE 1987/05/13 IN BMJ N367 PAG302. AC RP DE 1989/02/27 IN CJ ANOXIV T1 PAG221. AC RL DE 1984/07/11 IN CJ ANOIX T4 PAG133.
Sumário: I - A recusa de pagamento da dívida contraída e a respectiva punição são comuns a qualquer das situações previstas nas três alíneas do nº 1 do artigo 316 do Código Penal. II - Quem se coloca intencionalmente na situação de viajar num transporte público sem o respectivo bilhete sabe que contrai uma dívida para com a entidade transportadora, de montante superior à que pagaria se adquirisse o bilhete na respectiva bilheteira. III - É diferente o campo de aplicação dos artigos 39 e 43, nº 1, do Regulamento para a Polícia e Exploração dos Caminhos de Ferro ( Decreto-Lei nº 39780 de 21/08/54 ) e do artigo 316,...
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