Acórdão nº 9910385 de Court of Appeal of Porto (Portugal), 14 de Julho de 1999
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 14 de Julho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM. DIR ORDEN SOC.
Legislação Nacional: DL 422/89 DE 1989/12/02 NA REDACÇÃO DO DL 10/95 DE 1995/01/19 ART1 ART4 N1 ART108 N1 ART117 ART159 N1.
Sumário: I - O que distingue o jogo de fortuna ou azar das modalidades afins é o facto de, no primeiro, o jogador poder auferir uma vantagem de valor indeterminado, em função da " aposta ", que pode multiplicar, de uma única vez, por forma a que entra num certo " risco ", auferindo uma vantagem em proporção não controlável por si, enquanto no jogo afim o jogador praticamente nada arrisca, a sua " entrada " não se reveste da característica da " aposta ", mas apenas do " preço " da jogada, que é simples, sem possibilidade de ela mesmo multiplicar-se, e o prémio que pode obter é fixo e pré-determinado. Não integra o crime de exploração ilícita de jogo previsto e...
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