Acórdão nº 041260 de Supremo Tribunal de Justiça (Portugal), 27 de Fevereiro de 1991
| Data | 27 Fevereiro 1991 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CPP87 ART410 N2. CP82 ART313 A B C.
Sumário : I - O Supremo Tribunal de Justiça apenas pode proceder ao reexame da materia de direito, so excepcionalmente, na estreita faixa aberta pelo artigo 410 do Codigo de Processo Penal, lhe sendo consentido conhecer materia de facto. II - O crime de burla, previsto e definido no artigo 313 do Codigo Penal, tem como expresso requisitorio que o agente: a) tenha a intenção de obter para si ou para terceiro um enriquecimento ilegitimo; b) com tal objectivo, astuciosamente, induza em erro ou engano o ofendido sobre os factos; e c) assim determinando o mesmo ofendido a pratica...
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