Acórdão nº 9510699 de Court of Appeal of Porto (Portugal), 15 de Outubro de 1997 (caso NULL)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 15 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Indicações Eventuais: REPETITIVO EM PARTE QUANTO AO N1 DO SUMÁRIO - PROC9240412.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART69 N1 ART82 N3 ART401 N2.
Jurisprudência Nacional: AC RP DE 1992/10/14 IN CJ T4 ANOXVII PAG272. AC RP DE 1995/11/15 IN CJ T5 ANOXX PAG255. AC RP PROC9611142 DE 1997/05/21.
Sumário: I - Conforme jurisprudência predominante, se não mesmo uniforme desta Relação, o assistente não tem legitimidade para impugnar a sentença na parte em que ela definir a espécie e (ou) a medida da pena pois, nesse particular, não há decisão que o afecte, que possa ser havida como proferida " contra ele ". II - Concorrendo no valor por que o cheque foi emitido o preço de mercadorias adquiridas à assistente, uma quantia por ela cedida ao sacador a título de empréstimo e juros e encargos com reforma de letras envolvidas em todo este negócio, da sua devolução, por falta de provisão não resulta prejuízo patrimonial para a tomadora em relação ao que representa do valor do mútuo - porque, sendo nulo por vício de forma, não lhe subjaz qualquer direito de crédito válido e exigível; o direito à restituição da quantia mutuada, nos termos do artigo 289 n.1 do Código Civil, não é consequência da falta de provisão do cheque, mas da declaração de nulidade do negócio - e do valor dos juros que lhe...
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