Acórdão nº 0315153 de Court of Appeal of Lisbon (Portugal), 06 de Outubro de 1993
| Magistrado Responsável | MANUEL DIAS |
| Data da Resolução | 06 de Outubro de 1993 |
| Emissor | 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. DL 108/78 DE 1978/05/24 ART2 ART3 ART4. DL 39780 DE 1954/08/21 ART39 ART43 N1.
Sumário: I - Para que exista o crime de burla, descrito no artigo 316, n. 1 al. c) do Código Penal, torna-se necessário que haja transporte abusivo e doloso; mas à trangressão basta que a utilização de transporte, sem título, seja negligente; o crime pressupõe que o agente saiba que deve pagar um preço, se negue a fazê-lo e haja agido já com essa intenção, pois a contravenção só ficará consumida pelo crime quando se verificarem todos os elementos constitutivos deste. II - Da...
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