Questão jurídica principal
Whether the conviction for fraud violated the indictment principle because the judgment relied on lack of intent to pay rather than the lack of ability to pay alleged in the indictment.
Decisão extraída
No violation was found: in fraud cases, lack of ability to pay may serve as an indicator of lack of willingness to perform, and the indictment still sufficiently covered the decisive factual core.
Fundamentação extraída
The court held that the indictment principle requires factual delimitation and fair notice, but the accused was charged with fraud in a way that implied the absence of genuine willingness to perform. The difference between inability and unwillingness to pay did not expand the case beyond the indictment in the circumstances.