Acórdão nº 9350424 de Court of Appeal of Porto (Portugal), 17 de Novembro de 1993
| Magistrado Responsável | MOURA PEREIRA |
| Data da Resolução | 17 de Novembro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN CJ T3 ANOXVIII PAG9.
Sumário: I - O preenchimento do tipo legal de emissão de cheque sem cobertura exige, além do mais, que o pagamento do cheque seja recusado por falta de provisão, verificado nos termos e no prazo da Lei Uniforme. II - A declaração do sacado, aposta no verso do cheque de que este foi "devolvido por conta cancelada" não integra aquele requisito. III - No domínio do actual Código de Processo Penal o despacho de não-pronúncia ou equivalente tem sempre um conteúdo processual: o tribunal nunca...
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