Acórdão nº 9210429 de Court of Appeal of Porto (Portugal), 01 de Julho de 1992
| Data | 01 Julho 1992 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24 NA REDACÇÃO DO DL 400/82 DE 1982/09/23 ART5. CCIV66 ART268 N3. CPC67 ART40 N2. CP82 ART111 N1. CPP87 ART48 ART49 N3.
Jurisprudência Nacional: AC RP PROC9050127.
Sumário: I - O procedimento criminal pelo crime de emissão de cheque sem provisão previsto no artigo 24 do Decreto número 13004, de 12 de Janeiro de 1927 depende de queixa, cujo direito tem de ser exercido pessoalmente pelo respectivo titular, isto é, pelo ofendido, ou por mandatário munido de poderes especiais. II - Sendo o ofendido uma sociedade comercial, a declaração escrita em papel timbrado desta a atribuir ao subscritor da denúncia a qualidade de seu sócio-gerente e a conferir- -lhe "plenos poderes para deliberar sobre qualquer resolução jurídica" não tem significado ou âmbito diferente dos vulgares...
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