Acórdão nº 9441062 de Court of Appeal of Porto (Portugal), 19 de Abril de 1995
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 19 de Abril de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24. DL 14/84 DE 1984/01/11 ART1. DL 177/86 DE 1986/07/02 ART22 N1. DL 454/91 DE 1991/12/28 ART11 N1 A N3.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/04/07.
Sumário: I - A partir da vigência do Decreto-Lei n.454/91, de 28 de Dezembro, o crime de emissão de cheque sem provisão foi estruturado, em novos moldes, como crime de dano ou resultado, exigindo-se expressamente a verificação de um prejuízo patrimonial como seu elemento constitutivo. II - Tendo uma sociedade comercial aceitado várias letras de câmbio para pagamento de mercadorias, e emitido cheques pré-datados como garantia do seu pagamento, e não tendo aquelas, no seu vencimento, sido pagas e antes substituidas por outras mediante acordo entre os interessados, da posterior devolução dos cheques sem pagamento por falta de provisão não resulta, ao menos directamente, um prejuízo patrimonial. III - É que se...
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