Acórdão nº 9110471 de Court of Appeal of Porto (Portugal), 02 de Outubro de 1991
| Magistrado Responsável | CASTRO RIBEIRO |
| Data da Resolução | 02 de Outubro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISãO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART71 ART377 N3 ART520. CPC67 ART287 D ART451 N1. CCJ62 ART18.
Jurisprudência Nacional: AC RP DE 1990/06/13 IN CJ T3 ANOXV PAG247.
Sumário: 1) - No crime de emissão de cheque sem provisão, tendo havido desistencia da queixa crime, sem invocação de qualquer razão justificativa dessa atitude e tendo o arguido previamente declarado que se não opunha a eventual desistencia da queixa, a respectiva declaração de desistencia deve conduzir a extinção do procedimento criminal e consequentemente da propria acção civel enxertada, ja que a desistencia da queixa-crime equivale igualmente a desistencia do pedido civel, que deixa de poder prosseguir no foro criminal ( arts. 71 e segs., do C. P. Penal ). 2) -...
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