Acórdão nº 0296843 de Court of Appeal of Lisbon (Portugal), 13 de Janeiro de 1993
| Data | 13 Janeiro 1993 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CP82 ART316 N1 C. CPP87 ART428. CONST76 ART32 N2. LOTJ87 ART76 N1. DL 108/78 DE 1978/05/24 ART2 ART3 ART4 ART5 ART6. DL 400/82 DE 1982/09/23 ART6 ART7.
Jurisprudência Nacional: AC STJ DE 1987/10/21 IN BMJ N370 PAG313.
Sumário: Não ocorre crime de burla no acesso a meios de transporte, descrito no artigo 316, n. 1, alínea c), do Código Penal, mas, outrossim, a contravenção aos artigos 2 a/e 5 do Decreto-Lei 108/78, de 24/5, se o agente, surpreendido por fiscal, sem título de transporte válido, não recusa o pagamento do respectivo preço, e, sim, a...
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