Acórdão nº 9640754 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1996
| Magistrado Responsável | TEIXEIRA PINTO |
| Data da Resolução | 18 de Dezembro de 1996 |
| Emissor | 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.
Legislação Nacional: D 13004 DE 1927/01/12 ART24 N2 A C. DL 454/91 DE 1991/12/28 ART11 N1 A. CP95 ART202 B. L 109/91 DE 1991/08/17 ART2 H. CPP87 ART336 N1 N2 ART337 N1 N2 N3. CP82 ART119 ART120.
Jurisprudência Nacional: AC RL DE 1984/04/11 IN CJ T2 ANOIX PAG164. AC RP DE 1984/03/23 IN CJ T2 ANOIX PAG253. AC RP DE 1994/11/02 IN CJ T5 ANOXIX PAG242.
Sumário: I - O montante de 421.705$00 sacado num cheque sem provisão emitido em 20 de Julho de 1989 não é consideravelmente elevado reportado à data dos factos. II - A habitualidade da emissão de cheques sem provisão, ligado à reiteração de actos dessa natureza, deve corresponder a um modo de vida do agente e não à exigência de um certo número de condenações prévias. III - Concluindo a sentença que o arguido se entregava habitualmente à emissão de cheques sem provisão com base no seu certificado do registo...
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