Acórdão nº 9441034 de Court of Appeal of Porto (Portugal), 20 de Dezembro de 1995
| Magistrado Responsável | FERREIRA DINIS |
| Data da Resolução | 20 de Dezembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24 N1 N2 C. DL 454/91 DE 1991/12/28 ART11. CP82 ART112 N1. CPP87 ART1 N1 F ART49 N1 ART335 ART358 N1 ART379 B.
Jurisprudência Nacional: ASS STJ DE 1994/09/27 IN DR IS-A 1994/11/04. ASS STJ DE 1993/12/02 IN DR IS-A 1994/02/11.
Sumário: I - Tendo a participação crime por emissão de cheque sem provisão contra o arguido sido apresentado no prazo a que alude o artigo 112 n.1 do Código Penal de 1982, por mandatário judicial munido de " todos os poderes forenses, incluindo os poderes de denunciar crimes em que seja ofendido " o subscritor da procuração, ficou legitimada através de tal queixa a actuação do Ministério Público. II - Constando da acusação que o cheque, emitido com data de 10 de Janeiro de 1991, " foi devolvido em 9 de Janeiro de 1991, por falta de provisão, conforme declaração exarada no dorso do referido cheque...
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