Acórdão nº 9640430 de Court of Appeal of Porto (Portugal), 02 de Outubro de 1996
| Magistrado Responsável | TEIXEIRA MENDES |
| Data da Resolução | 02 de Outubro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N2. L 15/94 DE 1994/05/11 ART1 Q ART2 N1 N5. DL 14/84 DE 1984/01/11 ART1 N1. CP82 ART30 N2.
Jurisprudência Nacional: AC STJ DE 1987/06/11 IN TJ N31 PAG30. ASS STJ DE 1994/09/27 IN DR IS-A 1994/11/04. AC STJ PROC45406 DE 1994/01/20. AC RE DE 1986/11/18 IN BMJ N363 PAG615. AC STJ PROC45182 DE 1993/11/24.
Sumário: I - O prejuízo patrimonial, elemento essencial do crime de emissão de cheque sem provisão, é a frustração do direito do portador do cheque de receber na data da sua apresentação a pagamento a quantia a que tem direito e para cujo pagamento o cheque serviu. II - Destinando-se a emissão do cheque a permitir a reforma de letras que titulavam o preço da mercadoria vendida pelo seu sacador, verifica-se o prejuízo patrimonial se o cheque tiver sido devolvido por falta de provisão. III - O prejuízo...
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