Acórdão nº 041804 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1991
Magistrado Responsável | FERNANDO SEQUEIRA |
Data da Resolução | 24 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24. LUCH ART1 ART2 ART28 ART31. DL 14/84 DE 1984/01/11 ART9. CP82 ART30.
Jurisprudência Nacional: ASS STJ DE 1988/11/16 IN DR IS 1988/12/14.
Sumário : I - Como resulta dos artigos 1, 2 e 28 da Lei Uniforme e do artigo 9 do Decreto-Lei n. 14/84, o cheque pode ser apresentado a pagamento em qualquer estabelecimento de crédito, para além do Banco sacado, sem que com isso o seu valor como meio de pagamento seja afastado, pelo que não há despenalização pelo crime de emissão de cheque sem provisão pelo facto de o cheque ser apresentado a pagamento em banco diferente daquele em que o sacador tem a conta. II - Não há crime continuado, na emissão de três cheques sacados em 26 de...
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