Acórdão nº 9810592 de Court of Appeal of Porto (Portugal), 28 de Abril de 1999
| Magistrado Responsável | MATOS MANSO |
| Data da Resolução | 28 de Abril de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11. LUCH ART12 ART22. CPP87 ART410 N2 A. CCIV66 ART767 N1 ART879.
Sumário: I - Para o sacador causar prejuízo patrimonial, não basta que preencha, assine e entregue um cheque para pagar o preço de bens fornecidos pelo tomador; é necessário que o emitente do cheque seja responsável pelo pagamento do preço. II - Tendo-se provado que o cheque foi sacado sobre uma conta pessoal do arguido, sócio gerente de determinada sociedade comercial, mas não se tendo averiguado se os bens fornecidos o foram ou não a essa sociedade, desconhecendo-se por isso se o cheque foi emitido para pagar dívida de outrem, há que concluir que a...
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