Acórdão nº 9740176 de Court of Appeal of Porto (Portugal), 30 de Abril de 1997
| Magistrado Responsável | FERNANDO FROIS |
| Data da Resolução | 30 de Abril de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART51 N1 A ART256 N1 B N3. CPP87 ART71. DL 454/91 DE 1991/12/28 ART11 N1 C.
Jurisprudência Nacional: AC STJ DE 1991/04/09 IN CJ T2 ANOXVI PAG114. AC STJ DE 1992/11/11 IN CJ ANOXVII PAG10. AC STJ PROC42471 DE 1993/03/25. AC STJ PROC46587 DE 1994/09/15.
Sumário: I - Tendo o sacador do cheque comunicado ao banco sacado o extravio do cheque, inviabilizando o seu pagamento, estamos perante um crime de emissão de cheque sem provisão, verificados que se mostrem os demais elementos constitutivos, previsto no artigo 11 n.1 alínea c) do Decreto-Lei 454/91, de 28 de Dezembro e não de um crime de falsificação previsto e punido no artigo 256 ns.1 alínea b) e 3 do Código Penal revisto. II - Tendo o arguido emitido na mesma data dois cheques a favor do mesmo ofendido para pagamento...
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