Acórdão nº 97P1337 de Supremo Tribunal de Justiça (Portugal), 01 de Abril de 1998
| Magistrado Responsável | VIRGILIO OLIVEIRA |
| Data da Resolução | 01 de Abril de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART313 ART314 B C. CP95 ART217 N1 ART218 N2 A C.
Sumário : I - Enquanto elemento objectivo do tipo legal do crime de burla, a conduta astuciosa não é qualquer conduta que seja idónea para viciar a vontade na sua formação, causa de erro no dolo civil. O engano (acto de enganar), na burla, não é apenas "engano bastante", como no C.Penal Espanhol", mas engano de forma particular, limitando a punibilidade a certas modalidades mais graves do dolo civil ou seja àquelas que correspondam a meios enganatórios susceptíveis de integrarem o conceito de "astúcia". A astúcia significa...
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