Acórdão nº 9640240 de Court of Appeal of Porto (Portugal), 29 de Maio de 1996
| Magistrado Responsável | TEIXEIRA MENDES |
| Data da Resolução | 29 de Maio de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART70 ART73 N1 A C ART206 N1 ART218 N3. DL 454/91 DE 1991/12/28 ART11 N1 A.
Jurisprudência Nacional: AC RP DE 1994/11/16 IN CJ T5 ANOXIX PAG251.
Sumário: I - Para haver prejuízo patrimonial na emissão de cheque sem provisão não é necessário que o mesmo seja determinante da entrega duma contrapartida, podendo configurar-se esse prejuízo, em sentido criminalmente relevante, mesmo quando se trate de cheque de " garantia ". II - Vindo provado que o arguido emitiu os cheques na qualidade de sócio - gerente de firma que já cessou a actividade, que é pessoa correcta, simples e humilde, na situação de pré-reforma, sem antecedentes criminais e sendo a...
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