Acórdão nº 9050422 de Court of Appeal of Porto (Portugal), 26 de Setembro de 1990
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 26 de Setembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART228 N1 A B N2 N4. LUCH ART1 ART2 ART13 ART28 ART29 ART40 ART41.
Jurisprudência Nacional: AC RL DE 1971/06/09 IN BMJ N208 PAG186. AC RP DE 1983/10/07 IN BMJ N330 PAG541. AC STJ DE 1988/06/01 IN BMJ N378 PAG215.
Sumário: I - Na alínea a) do nº 1 do artigo 228 do Código Penal, prevê-se o crime de falsificação material, e, na sua alínea b), o de falsificação intelectual. II - Relativamente à falsificação de documento, a falsidade traduz um vício (do documento) que consiste na desconformidade entre o que se passou e o que no documento se diz ter-se passado. III - O cheque é um título de crédito literal e autónomo, transmissível por endosso, sendo de interesse público que ele circule fiduciariamente e com poder liberatório. IV - Para valer como cheque, o título deve conter os requisitos enumerados no artigo 1 da Lei Uniforme, entre os quais a indicação da data em que é passado. V - A data da emissão tem de constar do título no momento da sua apresentação a pagamento. A data terá de ser aposta, inicialmente, pelo emitente, ou, posteriormente, pelo tomador, pressupondo então um acordo de preenchimento. Não tendo havido acordo expresso quanto à data...
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