Acórdão nº 9710874 de Supremo Tribunal Administrativo (Portugal), 01 de Julho de 1998 (caso None)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 01 de Julho de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA FERRER CORREIA IN LIÇÕES DE DIREITO COMERCIAL DE 1966 III PAG40.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART49 N1 A ART313 ART314 C. CP95 ART51 N1 A ART202 A ART218 N1. DL 454/91 DE 1991/12/28 ART11.
Jurisprudência Nacional: AC TC DE 1987/11/02 IN BMJ N371 PAG178.
Sumário: I - Um cheque com data emendada não é, por definição, um cheque sem data, não podendo equiparar-se ao cheque a que falta esse requisito para se concluir que não poderá produzir efeito como título. II - Na sucessão de regimes punitivos do crime, para determinação do regime que " concretamente " se mostre mais favorável, deverá, por regra, definir-se a pena concreta a aplicar por cada uma dessas leis. Há, no entanto, situações em que a mera comparação em abstracto impõe a opção por um deles, como acontece quando, sendo idênticos os critérios de definição da pena, são substancialmente mais elevados os limites, mínimo e máximo, da pena num deles...
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