Acórdão nº 9810273 de Supremo Tribunal Administrativo (Portugal), 15 de Abril de 1998 (caso None)
| Magistrado Responsável | MARQUES PEREIRA |
| Data da Resolução | 15 de Abril de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA GERMANO MARQUES DA SILVA IN REGIME JURÍDICO-PENAL DOS CHES SEM PROVISÃO PAG130 E TOLDA PINTO IN CHEQUES SEM PROVISÃO PAG361.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP95 ART2 N2. CPP87 ART449 N1 D.
Sumário: I - Não havendo dúvidas de que se da sentença condenatória constarem factos conducentes a uma situação de descriminalização - nomeadamente por os cheques terem sido emitidos com data posterior à da sua entrega ao tomador - há que fazer cessar a execução e os efeitos penais ( artigo 2 n.2 do Código Penal ); no caso de a sentença não elucidar sobre a verificação ou inverificação do elemento negativo do crime, introduzido pela nova lei, a via de solução para obviar à injustiça duma condenação transitada em julgado poderá ser a do recurso de...
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