Acórdão nº 9910418 de Court of Appeal of Porto (Portugal), 16 de Junho de 1999 (caso NULL)
| Magistrado Responsável | MILHEIRO DE OLIVEIRA |
| Data da Resolução | 16 de Junho de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: CCIV66 ART483. CP95 ART129. CPP98 ART71 ART337.
Jurisprudência Nacional: AC STJ DE 1988/01/06 IN BMJ N373 PAG264. AC STJ DE 1984/11/14 IN BMJ N341 PAG218.
Sumário: I - Absolvido o arguido do crime de emissão de cheque sem provisão constante da acusação com o fundamento de " não se ter provado que o arguido ao abrir mão do cheque tivesse agido voluntária e conscientemente bem sabendo que não possuia fundos suficientes e disponíveis na sua conta bancária que permitissem o seu pagamento e que causava à ofendida um prejuízo patrimonial ", haverá também que julgar improcedente o pedido de indemnização civil formulado, onde não foram alegados quaisquer outros factos a investigar para além dos descritos na acusação. II - O pedido de indemnização civil a deduzir no processo penal há-de ter por causa de pedir os...
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