Acórdão nº 98P179 de Supremo Tribunal de Justiça (Portugal), 21 de Maio de 1998
| Magistrado Responsável | OLIVEIRA GUIMARÃES |
| Data da Resolução | 21 de Maio de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP95 ART217 N1. CPP87 ART410 N2 A B ART426 ART433 ART436.
Sumário : I - Para que o crime de burla se verifique é necessário que se configure e estabeleça uma relação causal adequada entre o erro e o engano criados e a prática de actos pelo ofendido que, a esta ou a outra pessoa, sejam patrimonialmente prejudiciais sem o que aqueles seriam irrelevantes para que estes actos fossem praticados. II - Se, por distracção A... aceitou um cheque e não reparou nos dizeres deste e foi por via dessa distracção e dessa falta de atenção que não recusou aquele título, não pode seguramente concluir-se que tenha sido o arguido que por meio de erro ou engano artificiosamente provocado sobre a validade e eficácia do sobredito cheque a levar o mesmo A... a receber o mencionado cheque como pagamento de...
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