Acórdão nº 9610688 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1996
| Data | 18 Dezembro 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. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A B C. CP82 ART14.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN BMJ N423 PAG65.
Sumário: I - O bem jurídico que se pretende proteger no crime da previsão do artigo 11 n.1 do Decreto-Lei n.454/91, de 28 de Dezembro ( em qualquer dos três tipos previstos nas alíneas a) b) e c)) é, essencialmente, o interesse individual patrimonial do tomador ( ou de terceiros que eventualmente se tornem portadores do cheque por endosso ). II - O prejuízo patrimonial não carece de constar expressamente da acusação, bastando que dela conste que o cheque não foi atempadamente...
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