Acórdão nº 0224632 de Court of Appeal of Porto (Portugal), 02 de Maio de 1990
Magistrado Responsável | LUIS VALE |
Data da Resolução | 02 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART4 A ART5 C. CPP87 ART19 N1 ART22. CONST89 ART33 N1. D 13004 DE 1927/01/12 ART23 ART24.
Jurisprudência Nacional: AC RC DE 1986/02/12 IN CJ ANOXI T1 PAG62. AC RP PROC0121696 DE 1988/02/10. AC STJ DE 1982/03/31 IN BMJ N315 PAG178.
Sumário: I - Emitindo-se em Portugal em cheque sacado em pesetas sobre um banco espanhol ao qual é apresentado a pagamento, é aplicável aos factos a lei portuguesa, face ao princípio da territorialidade consagrado no artigo 4 alínea a) do Código Penal, sendo competente para o julgamento o tribunal da área onde tal emissão teve lugar ( artigo 19, nº 1 do Código de Processo Penal ). II - A idêntica conclusão se chegaria se o cheque tivesse sido emitido em Espanha, face ao disposto no artigo 5 alínea c) nºs 1, 2 e 3 já que a arguida reside em território nacional e a lei portuguesa não admite a extradição dos seus nacionais ( artigo 33, nº 1 da Constituição da República ). III - Em tal hipótese é competente o tribunal aludido no artigo 22 do Código de Processo Penal. IV - É doutrina assente serem elementos constitutivos do crime de emissão de cheque sem provisão previsto e punido nos artigos 23 e 24 do Decreto nº 13004 de 12/01/27, na redacção recebida do artigo 5 do Decreto-Lei nº 400/82, de 23/09: - preenchimento do cheque com a assinatura do sacado; - conhecimento por parte deste da falta...
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