Acórdão nº 0006275 de Supremo Tribunal Administrativo (Portugal), 08 de Abril de 1997
| Magistrado Responsável | GRANJA DA FONSECA |
| Data da Resolução | 08 de Abril de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CP82 ART303 N3 N4 ART313 N2 ART314 C. CP95 ART202 N1 ART217 ART218. D 13004 DE 1927/01/12 ART24.
Sumário: I - O DL 454/91, de 28/12, revogou tacitamente o artigo 24, do D n. 13004, pois o legislador pretendeu regular "ex novo" todo o regime relativo à emissão de cheques sem provisão. II - Em virtude da remissão operada pelo artigo 11 n. 1 do DL 454/91 para o regime geral da punição da burla (e não apenas, para a sua penalidade) o crime de emissão de cheque sem provisão terá a mesma natureza de crime público...
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