Acórdão nº 039541 de Supremo Tribunal Administrativo (Portugal), 26 de Outubro de 1988 (caso None)
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 26 de Outubro de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: D 13004 DE 1927/01/12 ART24 N1. L 3/81 DE 1981/03/13 ART2 N1 D N3. L 25/81 DE 1981/08/21. L 17/82 DE 1982/07/02 ART5 N1 A ART7. DL 400/82 DE 1982/09/23 ART5 N2 C. CP82 ART30 N2 ART73 N2 D. L 16/86 DE 1986/06/11 ART13 N1 B.
Jurisprudência Nacional: AC STJ DE 1979/03/28 IN BMJ N285 PAG187. AC STJ DE 1981/05/27 IN BMJ N307 PAG127. ASS STJ DE 1980/11/20 IN BMJ N301 PAG263.
Sumário : I - O crime de emissão de cheque sem provisão fica consumado com a emissão do cheque - preenchimento do cheque, a sua assinatura pelo sacador e a sua entrega ao tomador. II - A apresentação a pagamento e a recusa deste por falta ou insuficiência de provisão não são elementos constitutivos do crime, mas meras condições da sua punibilidade. III - O crime de emissão de cheque sem provisão é um crime de perigo e de perigo abstracto ou presumido por o tipo não ter qualquer referência a uma situação de perigo...
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