Acórdão nº 9710707 de Supremo Tribunal Administrativo (Portugal), 10 de Dezembro de 1997 (caso None)
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 10 de Dezembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N2 A ART426 ART431.
Jurisprudência Nacional: AC RP DE 1996/11/06 IN CJ T5 ANOXXI PAG228. AC RP PROC9510110 DE 1995/10/04.
Sumário: I - Estamos perante um crime único sempre que o agente, numa unidade de desígnio e objectivo, entrega ao mesmo tomador, na mesma oportunidade, para pagamento de uma única dívida, vários cheques sem provisão, isto na medida em que num tal factualismo se reflecte uma só negação de valores, pois que por uma só vez o agente resolve agir por modo contrário ao imperativo da norma incriminadora. II - Não obstante o juiz « a quo : na pendência do julgamento de arguido acusado de um crime de emissão de cheque sem provisão ter tomado conhecimento da decisão proferida noutro processo em que o arguido foi condenado por outros daqueles crimes e de ter...
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