Acórdão nº 039092 de Supremo Tribunal de Justiça (Portugal), 28 de Julho de 1987
| Magistrado Responsável | VASCONCELOS CARVALHO |
| Data da Resolução | 28 de Julho de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART571 ART663. CP82 ART23 N2 ART30 N2 ART74 ART109 N2 ART297 N1 A N2 B ART306 N3 B N5 ART317 N1 A N2.
Sumário : I - São elementos constitutivos do crime de extorsão: a) o emprego de violencia ou ameaças, ou a colocação da vitima na impossibilidade de resistir; b) constrangimento, dai resultante, a uma disposição patrimonial que acarrete prejuizo para a vitima ou para terceiros; c) intenção de conseguir para si ou para terceiro um enriquecimento ilegitimo. II - Comete o crime...
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