Acórdão nº 9340557 de Court of Appeal of Porto (Portugal), 06 de Outubro de 1993
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 06 de Outubro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INCRIMINAÇÃO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: D 13004 DE 1927/01/12 ART24 N1 N2 C. DL 454/91 DE 1991/12/28 ART11 N1 A. CP82 ART313 N1 ART76 N4. L 109/91 DE 1991/08/17 ART2 G H.
Sumário: I - Não é de reputar "consideravelmente elevado" o quantitativo de 300 contos titulado por cheque emitido em meados de 1990. Para tal efeito, não deixa de ser significativo constatar que a Lei nº 109/91, de 17 de Agosto (Lei da Criminalidade Informática) viesse a introduzir no seu artigo 2 alínea h) - ainda que naturalmente para efeitos desse mesmo diploma - a definição de "valor consideravelmente elevado", como sendo aquele que excede 200 unidades de conta processual penal avaliadas no momento da prática do facto, o que à data da publicação dessa lei correspondia a 1400 contos, enquanto que da definição de "valor elevado" constante da alínea g) resulta o montante de...
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