Acórdão nº 9450189 de Court of Appeal of Porto (Portugal), 04 de Maio de 1994
| Magistrado Responsável | CORREIA DE PAIVA |
| Data da Resolução | 04 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: LUCH ART1 ART2 ART28 ART29. DL 454/91 DE 1991/12/28 ART11 N1 A.
Sumário: I - São elementos do tipo legal do crime de emissão de cheque sem provisão: - preenchimento do cheque com assinatura do sacador; - entrega do cheque; - recusa do pagamento por insuficiência de saldo dentro do prazo de oito dias à partir da data aposta no cheque; - conhecimento por parte do sacador-arguido; - vontade de praticar o facto sabendo que é proibido - desconhecimento por parte do ofendido - existência de prejuizo patrimonial. II - Basta o dolo genérico para a verificação do crime, que consiste na consciência, por parte do sacador, de que a sua actuação...
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