Acórdão nº 038402 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1986 (caso None)
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 21 de Maio de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPC67 ART668 N1 A. CPP29 ART34 ART667. CCIV66 ART483 N1 ART806. CP82 ART4 N2 ART40 N1 ART49 N1 ART128 ART297 N1 A ART306 N5 ART388 N1. CP886 ART56 N1 ART88 PAR2 ART128. LUCH ART45 N2. D 13004 DE 1927/01/12 ART23 ART24 N2 C. DL 182/74 DE 1974/05/02 ART2. L 25/81 DE 1981/08/21 ART6. DL 400/82 DE 1982/09/23 ART5. DL 262/83 DE 1983/06/16 ART5. P 581/83 DE 1983/05/14.
Referências Internacionais: CONV EUR DIR HOMEM - PROT4 ART1.
Jurisprudência Nacional: AC STJ DE 1983/05/25 IN BMJ N327 PAG493.
Sumário : I - Havendo concurso de diversos regimes punitivos, nos termos do n. 4, do artigo 2, do Codigo Penal, deve o Tribunal optar por aquele que concretamente se mostre mais favoravel ao reu. II - Não dizendo a lei o que se entende por "quantitativo consideravelmente elevado", elemento tipico do crime da emissão de cheque sem cobertura, previsto na alinea c), do n. 2 do artigo 24, do Decreto n. 13004, de 12 de Janeiro de 1927, na redacção do artigo 5 do Decreto-Lei n. 400/82, de 23 de Setembro, ha que determinar o conceito tendo em consideração tudo o que, objectiva e subjectivamente, possa relevar, numa perspectiva pecuniaria, como negação dos valores protegidos pela incriminação. Assim, um cheque no valor de 209000 escudos, emitido em 1980 por um comerciante e entregue a outro comerciante, este remediado, e de quantitativo consideravelmente elevado. III - A...
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