Acórdão nº 96P1401 de Supremo Tribunal de Justiça (Portugal), 07 de Maio de 1997
| Magistrado Responsável | PIRES SALPICO |
| Data da Resolução | 07 de Maio de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: FRANCESCO CARRARA IN PROGRAMMA DEL CORSO DI DIRITTO CRIMINALE PARTE ESPECIAL PAR2336 PAR2339.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP95 ART217 N1 ART218 N2 C. CPP87 ART358. CP82 ART313 N1 ART314.
Sumário : I - São elementos típicos do crime de burla previsto no artigo 217 do CP: a) que o agente tenha a intenção de obter para si, ou para terceiro, um enriquecimento ilegítimo; b) com tal finalidade, astuciosamente, induza outrem em erro ou engano; c) determinando o ofendido à prática de factos que lhe causem, ou causem a outra pessoa, prejuízos patrimoniais. II - No crime de burla, os bens jurídicos protegidos são o património e, ainda, a liberdade do consenso nos...
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