Acórdão nº 9440765 de Court of Appeal of Porto (Portugal), 21 de Junho de 1995
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 21 de Junho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA FIGUEIREDO DIAS IN CJ T3 ANOXVII PAG68.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A.
Jurisprudência Nacional: AC RP DE 1995/03/29 PROC9540109. AC RP DE 1994/11/23 PROC9420569.
Sumário: I - Aderindo ao conceito de património concebido como o conjunto de " utilidades " económicas detidas pelo sujeito cuja fruição ou exercício a ordem jurídica não desaprova, pode configurar-se como causadora de prejuízo patrimonial a emissão de cheque sem provisão que se destina apenas a garantir o cumprimento duma obrigação, bastando para tal que o prejuízo resulte, de forma adequada, da não satisfação da garantia, verificada no momento da apresentação do cheque a pagamento; II - Não integra prejuízo patrimonial nem dolo a emissão de cheque...
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