Acórdão nº 9430582 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1994
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 14 de Dezembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART48 N2 ART49 N1 A. D 13004 DE 1927/01/12 ART24 N2 C.
Sumário: I - Na determinação da medida concreta da pena não devem considerar-se circunstâncias que o legislador já tomou em consideração ao estabelecer a moldura penal do facto, como sucede na emissão de cheque sem provisão com o valor consideravelmente elevado que é elemento do tipo em causa - artigo 24, n. 2, alínea c) do Decreto n. 13004, de 12/01/1927. II - Apesar desse valor ser consideravelmente elevado ( 6250000 escudos ) não está posta de parte a suspensão da execução da pena, se se verificarem os requisitos do artigo 48, n. 2, como, por exemplo, se as condições pessoais do agente puderam permitir razoavelmente a ideia de que tudo se terá situado num período limitado e menos...
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