Acórdão nº 9440108 de Court of Appeal of Porto (Portugal), 15 de Março de 1995
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 15 de Março de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: LUCH ART1 ART13 ART28. D 13004 DE 1927/01/12 ART23 ART24. DL 454/91 DE 1991/12/28 ART11 N1 A. CCIV66 ART885.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN CJ T3 ANOXVII PAG9. AC RC DE 1993/02/25 IN CJ T1 ANOXVIII PAG74. AC RP PROC9350350 DE 1993/06/30. AC RP DE 1984/02/01 IN CJ T1 ANOIX PAG258.
Sumário: I - Face ao disposto nos artigos 1, 13 e 28 da Lei Uniforme Relativa aos Cheques não é legítimo concluir pela proibição da emissão de cheques de post-datados e consequente falta de protecção penal. Esta questão, da regularidade do uso de um tal cheque, não se confunde com a de saber se a nossa lei exige a provisão prévia à emissão - e parece que apenas exige a falta de provisão na data da apresentação. II - O cheque sem provisão emitido para pagamento dos artigos alimentares que a queixosa foi fornecendo, durante todo o mês, ao arguido causa àquela prejuízo patrimonial. Efectivamente, está-se perante um contrato de compra e venda com espera do preço ( ou venda a crédito), correspondendo o dinheiro título pelo cheque à contrapartida da entrega pela queixosa dos produtos vendidos ( cfr. o artigo 855 do Código Civil ) que, assim, viu diminuido o seu património pelo menos em medida igual ao valor do cheque. III - Tal como na burla, também no crime de emissão de cheque sem provisão o atentado ao património do...
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