Acórdão nº 042401 de Supremo Tribunal de Justiça (Portugal), 26 de Fevereiro de 1992
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 26 de Fevereiro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART2 N4 ART128 ART228 N1 A ART296 ART313 ART314 C ART371 N1. CP886 ART216 N2 ART217 ART421 N4 ART451 PAR1. CPP29 ART34. CCIV66 ART562 ART808.
Sumário : I - O agente que se dirige a um hospital onde se encontra o ofendido, gravemente doente com um acidente vascular cerebral e, pegando-lhe na mão inerte, faz desenhar a assinatura daquele em 3 cheques que depois vem a levantar no Banco, consubstancia dois tipos de crimes: um primeiro de falsificação (de cheques), outro de burla previsto e punido no artigo 313 do Código Penal. II - Existe acumulação real entre os crimes de burla e de falsificação para a praticar. III - Segundo o...
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