Acórdão nº 9540833 de Court of Appeal of Porto (Portugal), 07 de Fevereiro de 1996
| Magistrado Responsável | FERREIRA DINIS |
| Data da Resolução | 07 de Fevereiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM / CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CPP87 ART5 N1 ART49 N1 ART1 N1 H. CP95 ART202 ART207 ART217 ART218. DL 454/91 DE 1991/12/28 ART11 N1 A. CP82 ART313 N1.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN CJ T3 ANOXVII PAG8. AC RC DE 1993/04/28 IN CJ T2 ANOXVIII PAG71.
Sumário: I - Antes da entrada em vigor do Código Penal de 1995, o crime de emissão de cheque sem provisão tipificado pelo artigo 11 do Decreto-Lei 454/91, de 28 de Dezembro, revestia a natureza de crime público; II - Com o Código Penal de 1995, tal crime passou a ter natureza pública, semi-pública ou mesmo particular, tudo dependendo do concreto valor do prejuízo causado e, no último caso, também da relação de parentesco ou afinidade do agente do crime com a vítima; III - Tendo um cheque sido emitido numa altura em que se revestia...
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