Acórdão nº 9610881 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1996
| Magistrado Responsável | MOURA PEREIRA |
| 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. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. LUCH ART1 ART2 ART13. CPP87 ART358.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN CJ T3 ANOXVII PAG9. ASS STJ DE 1992/12/02 IN DR IS-A N7 1993/01/09. AC RP PROC9610225. ASS STJ DE 1993/01/27 IN CJ T3 ANOXVII PAG68.
Sumário: I - Não se tendo provado que o endossado tenha adquirido o cheque de má fé ou com falta grave, o respectivo sacador ( que apenas assinara o título ) não pode opôr àquele ( por se estar no domínio das relações mediatas ) a excepção da desconformidade com os acordos realizados no seu preenchimento, pelo que o cheque tem de considerar-se válido e eficaz e, consequentemente, merecedor de tutela penal. II - O sacador, para ser responsabilizado criminalmente, pode dar...
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