Acórdão nº 9540455 de Court of Appeal of Porto (Portugal), 04 de Outubro de 1995
| Magistrado Responsável | NEVES MAGALHÃES |
| Data da Resolução | 04 de Outubro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11. LUCH ART1 ART3. CCIV66 ART1185. CP82 ART26.
Sumário: I - O crime de emissão de cheque sem provisão pressupõe, necessariamente, que o sacador tenha um contrato de depósito com o banco sacado. Sem o contrato de depósito ( artigo 1185 do Código Civil ), não é pensável a emissão de cheque sem provisão, já que só o titular da conta o pode legitimamente movimentar. II - O arguido que não é titular...
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