Acórdão nº 9240276 de Court of Appeal of Porto (Portugal), 03 de Junho de 1992
| Magistrado Responsável | LUIS VALE |
| Data da Resolução | 03 de Junho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART49 N3 ART4. CP82 ART111 N1. D 13004 DE 1927/01/12 ART23 ART24. LUCH ART19 ART24 ART40. CPC67 ART493 N2 ART494 N1 B.
Sumário: I - No crime de emissão de cheque sem provisão só é ofendido o portador legítimo que o apresentou a pagamento e fez verificar a sua recusa por falta de provisão. II - O portador legítimo que posteriormente obteve o cheque, por endosso ou tradição, no caso de cheque ao portador, não sendo ofendido, carece de legitimidade para exercer o direito de queixa, apenas lhe cabendo o direito à acção...
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