Acórdão nº 9540136 de Court of Appeal of Porto (Portugal), 21 de Junho de 1995
Magistrado Responsável | FERREIRA DINIS |
Data da Resolução | 21 de Junho 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: DL 454/91 DE 1991/12/28 ART11 N1 A. LUCH ART1 ART13 ART28. CCIV66 ART857 ART859.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/04/07. AC STJ DE 1990/03/21 IN BMJ N395 PAG309. AC STJ DE 1991/10/23 IN CJ T4 ANOXVI PAG43. AC RP PROC9450209 DE 1995/04/19. AC RP DE 1990/03/21 IN CJ T2 ANOXV PAG249. AC RP DE 1994/07/06 IN CJ T4 ANOXIX PAG223. AC RP DE 1988/01/20 IN CJ T1 ANOXIII PAG225. AC RC DE 1995/02/22 IN CJ T1 ANOXX PAG63.
Sumário: I - No crime de emissão de cheque sem provisão, o prejuízo patrimonial causado resulta de o cheque não obter o seu efeito normal- o pagamento de uma obrigação pecuniária. A circunstância de os cheques em julgamento terem sido passados para substituição de um outro antes emitido para pagamento da mesma dívida e devolvido por falta de provisão configura uma novação objectiva ( artigo 857 e seguintes do Código Civil ) em que a emissão e a consequente aceitação dos novos cheques corporiza a forma de declaração negocial exigida pelo artigo 859 também do Código Civil...
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