Acórdão nº 0005275 de Court of Appeal of Lisbon (Portugal), 21 de Novembro de 1995
| Magistrado Responsável | PULIDO GARCIA |
| Data da Resolução | 21 de Novembro de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: DL 13004 DE 1927/01/12 ART23 ART24 N2 C. DL 400/82 DE 1982/09/23 ART5. DL 454/91 DE 1991/12/28 ART11 N1 A. CP82 ART30 N2 ART79 ART314 C. CP95 ART30 N2 ART79 ART218 N1.
Jurisprudência Nacional: AC STJ DE 1983/05/25 IN BMJ N327 PAG493. AC STJ DE 1985/05/22 IN BMJ N347 PAG188. AC STJ DE 1988/05/11 IN BMJ N377 PAG431. AC STJ DE 1990/02/21 IN BMJ N394 PAG249. AC STJ DE 1990/06/16 IN BMJ N393 PAG230. AC RP DE 1986/06/21 IN CJ ANOXVI T3 PAG244.
Sumário: I - A emissão de uma pluralidade de cheques sem provisão pode, conforme o circunstancialismo que concretamente se verificar, configurar: a) uma pluralidade de crimes, tantos quantos os cheques, eventualmente em concurso nos termos dos arts. 30, n. 1 e 77 do Código Penal vigente e a punir pela forma prevista neste último normativo; b) um crime continuado, desde que ocorra o circunstancialismo previsto no artigo 30, n. 2 do Código Penal, a punir segundo a regra estipulada no artigo 79 do mesmo código; c) um único crime, reportado à soma total...
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