Acórdão nº 9110880 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1992
| Magistrado Responsável | HERNANI ESTEVES |
| 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. JULGADO EXTINTO O PROCEDIMENTO CRIMINAL.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART228 N1 B N2. L 23/91 DE 1991/07/04 ART1 K.
Jurisprudência Nacional: AC RP DE 1991/11/06 PROC9140657.
Sumário: I - O crime de falsificação de documento previsto e punido pelo artigo 228, numero 1, alinea b) e numero 2, do Codigo Penal, não foi abrangido pela Lei numero 23/91, alinea k), ja que esta apenas preve expressamente a amnistia dos crimes previstos nos artigos 228, numero 1 e 230, do Codigo Penal, e não e possivel a sua interpretação extensiva, sendo certo que o legislador não quis deliberadamente abranger os crimes previstos nos numeros 2 e seguintes daquele artigo 228. II - A declaração assinada e endereçada ao banco sacado em que se solicita o não pagamento do cheque, com o falso pretexto de que se extraviou, não integra falsificação do cheque mas apenas a da...
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