Acórdão nº 9740007 de Court of Appeal of Porto (Portugal), 19 de Março de 1997
Data | 19 Março 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART2 N4.
Sumário: I - Dentre as correntes jurisprudenciais divergentes formadas no âmbito da versão original do Código Penal ( Código Penal de 1982 ), a mais representativa seria a que apontava a anuidade do salário mínimo nacional como base a partir da qual se poderia considerar o valor do prejuízo como consideravelmente elevado. Nesta perspectiva, um cheque de 972.820$00, emitido em 9 de Junho de 1995, é de valor consideravelmente elevado e o correspondente crime de emissão de cheque sem provisão tinha natureza pública - conforme artigo 314 alínea c) daquela versão do Código Penal. II - Considerando a actual versão do Código Penal e os critérios objectivos nele definidos - artigos 202 alíneas a), b) e c), 217 e 218 - o valor seria de ter como elevado, continuando o crime a ter aquela mesma natureza. III - De facto, mesmo que se entendesse que o montante do cheque não era " consideravelmente elevado " à luz do Código Penal de 1982, a...
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