Acórdão nº 9541012 de Court of Appeal of Porto (Portugal), 12 de Junho de 1996
| Data | 12 Junho 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR CIV - DIR RESP CIV - DIR PROC PENAL.
Legislação Nacional: CPP87 ART5 N1 ART48.
Jurisprudência Nacional: AC STJ DE 1986/05/21 IN BMJ N357 PAG239.
Sumário: I - Tem-se admitido, relativamente ao crime de emissão de cheque sem provisão, que a indemnização corresponderá ao montante do cheque não pago e respectivos juros contados desde a sua exibição a pagamento até integral liquidação. II - Nos crimes de natureza quase - pública, a queixa ou participação do ofendido é um pressuposto processual ou condição de procedibilidade, assumindo assim a questão de legitimidade do Ministério Público natureza adjectiva ou processual. III - De acordo com a regra " tempus regit actum ", consagrada no artigo 5 n.1 do Código de Processo Penal, a lei nova é de aplicação...
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