Acórdão nº 9540263 de Court of Appeal of Porto (Portugal), 19 de Abril de 1995
Magistrado Responsável | PEREIRA MADEIRA |
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.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CCIV66 ART857. CPP87 ART71. CP82 ART30. CONST89 ART29 N5. LUCH ART12. CPC67 ART46 A ART496 ART500 ART497 N2 ART493 N3.
Sumário: I - Comete um só crime de emissão de cheque sem provisão o agente que, numa unidade de desígnio e objectivo, entrega ao mesmo tomador, no mesmo momento e para pagamento de uma única dívida, vários cheques sem provisão; II - Ocorre excepção de caso julgado quando o arguido tiver sido julgado e condenado, por decisão transitada em julgado, como autor do crime de emissão de cheque sem provisão, relativamente a algum desses títulos; III - Na economia do novo regime penal dos cheques sem provisão, o bem jurídico protegido é o património do portador do cheque, sendo que a avaliação do prejuízo, elemento do crime, não pode desligar-se da relação substancial que deu causa à emissão do cheque ( "...
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