Acórdão nº 9610850 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1996
| Magistrado Responsável | CORREIA DE PAIVA |
| Data da Resolução | 18 de Dezembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. LUCH ART1 N5 ART2 ART13.
Jurisprudência Nacional: AC RP DE 1963/02/27 IN JR ANO9 PAG160. ASS STJ DE 1992/12/02 IN DR IS-A N7 1993/01/09.
Sumário: I - Emitido um cheque sem data e não se provando o acordo entre sacador e tomador para o seu preenchimento, falta o objecto do crime, que é o cheque, visto que, inexistindo um elemento essencial, o cheque é nulo e, consequentemente, não produz quaisquer efeitos como cheque. II - É de garantia o cheque emitido pelo marido da sacadora e de outros cheques representativos de uma dívida por esta contraída, o qual se...
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