Acórdão nº 040806 de Supremo Tribunal de Justiça (Portugal), 19 de Abril de 1990
Magistrado Responsável | MENDES PINTO |
Data da Resolução | 19 de Abril de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMONIO / TEORIA GERAL. DIR TRIB - ASIST JUD.
Legislação Nacional: CP82 ART30 N1 N2 ART228 ART314 A. DL 391/88 DE 1988/10/26. CCJ62 ART195 N1 A NA REDACÇÃO DO DL 212/89 DE 1989/06/30.
Jurisprudência Nacional: AC STJ DE 1983/01/26 IN BMJ N323 PAG208. AC STJ DE 1983/02/17 IN BMJ N324 PAG447. AC STJ PROC36918 DE 1983/03/24.
Sumário : I - Existe concurso real de infracções, e não consumpção entre os crimes de falsificação de documento e de burla, quer por serem diversos os bens juridicos protegidos - o primeiro visa a protecção do bem juridico "ja" de que devem ser dotados os documentos e o segundo a protecção do bem juridico "patrimonio em geral" - quer porque a consumpção apenas ocorre quando dois factos delituosos se encontram numa relação de meio e fim, pelo que a valoração do ultimo (do efeito pretendido e alcançado) envolve ja a do cometido para o atingir. II - Para que exista um crime continuado não basta uma pluralidade de acções violadoras dos mesmos preceitos legais, ainda que praticadas dentro de um periodo limitado de tempo, sendo ainda necessario que o agente tenha sido...
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