Acórdão nº 0123487 de Court of Appeal of Porto (Portugal), 07 de Fevereiro de 1990
Magistrado Responsável | NOEL PINTO |
Data da Resolução | 07 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: D 13004 DE 1927/01/12 ART24 N1 N2 C. CPC67 ART712.
Sumário: I - No crime de emissão de cheque sem provisão, o conhecimento desta para integrar o conceito de dolo reporta-se à data da emissão do cheque, sendo a partir da altura em que o cheque é preenchido com os elementos essenciais para valer como tal, que o sacador é obrigado a ter no banco sacado a provisão suficiente para garantir o respectivo pagamento. II - Não basta, assim, assinar e entregar um cheque conhecendo a falta de provisão na altura da entrega, sendo fundamental o conhecimento da falta de provisão no momento do preenchimento do cheque. III - Se, no momento da entrega de cheques em branco, existe um acordo prévio quanto ao seu preenchimento pelo queixoso, o sacador fica obrigado, desde logo, a saber a altura em que aquele ocorrerá e, assim, a data em que deve ter no banco sacado a necessária provisão. IV - Se, pelo contrário, não existe qualquer acordo prévio relativo ao preenchimento de cheque em branco, o sacador precisa de conhecer a data da emissão do título com o preenchimento da quantia acordada, ou por aviso, ou pela ocorrência de...
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