Acórdão nº 9540606 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1995
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 15 de Novembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CCIV66 ART220 ART289 N1 ART410 N2. CSC86 ART228 N1. DL 454/91 DE 1991/12/28 ART11 N1 A.
Sumário: I - O « prejuízo patrimonial :, elemento típico do crime de emissão de cheque sem provisão, além de constituir uma conclusão jurídica a extrair de factos necessariamente a alegar, resulta da consideração do « património : numa perspectiva jurídico-económica. Assim, haverá ou não « prejuízo económico : atendível, consoante a ordem jurídica, considerada na sua totalidade, confira ou não ao portador do título o direito ao recebimento da quantia nele incorporada. II - A falta de documento escrito a formalizar um contrato de...
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