Acórdão nº 9420589 de Court of Appeal of Porto (Portugal), 07 de Dezembro de 1994
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 07 de Dezembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: LUCH ART28 ART29 ART40 ART41 ART45. CP82 ART14 N3.
Sumário: I - A verificação da falta de provisão do cheque em data anterior à da sua emissão não dá ao portador o direito de exigir qualquer responsabilidade, designadamente criminal, ao sacador, uma vez que não foi apresentado em tempo útil ( artigos 40 e 41 da Lei Uniforme sobre Cheques ). II - Sendo o Direito Penal estruturado com base na culpa, não se pode censurar o sacador de um cheque se este, tendo sido apresentado a pagamento antes da data indicada como data da emissão, não tiver provisão; nesta hipótese, haverá que fazer uma...
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