Acórdão nº 9250009 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1992
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 26 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART49 N3. CP82 ART112 N1.
Jurisprudência Nacional: AC STJ DE 1984/05/30 IN BMJ N337 PAG297. AC RP PROC0123048 DE 1989/07/12. AC RE DE 1988/01/26 IN CJ T1 ANOXIII PAG277.
Sumário: I - O procedimento pelo crime de emissão de cheque sem provisão ( artigo 24 do Decreto nº 13004 ), como crime semi-público, depende de " oportuna e válida queixa do ofendido ". II - O direito de queixa, traduzindo-se numa declaração de vontade do ofendido, deve ser exercido pessoalmente ou através de mandatário munido com poderes especiais - artigo 49, nº 3, do Código de Processo Penal. III - Sendo ofendido o Estado, o exercício da acção penal pelo Ministério Público " parece dever depender da autoridade à qual directamente está entregue a guarda ou a prossecução do interesse...
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