Acórdão nº 9330285 de Court of Appeal of Porto (Portugal), 16 de Junho de 1993
| Data | 16 Junho 1993 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART316 N1 C. DL 108/78 DE 1978/05/24 ART2 N1 N2 ART3.
Sumário: I - No crime do artigo 316, nº 1, alínea c) do Código Penal, exige-se que o agente efectivamente se negue a solver a dívida contraída ( o preço da viagem ). Há que apurar, em cada caso concreto, se o não pagamento da dívida advém ou não de uma efectiva e real recusa. Da acusação do Ministério Público hão-de constar factos que integrem o elemento do crime respeitante à recusa efectiva do arguido em solver a dívida contraída. II - Verificando-se que a qualificação...
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