Acórdão nº 9740309 de Court of Appeal of Porto (Portugal), 07 de Maio de 1997
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 07 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11.
Jurisprudência Nacional: AC STJ 6/93 DE 1993/01/27 IN DR IS-A 1997/04/01.
Sumário: I - O " assento " do Supremo Tribunal de Justiça n. 6/93 visou solucionar uma mera questão normativa, abstracta, consistente em saber se o " prejuízo patrimonial " era ou não um novo elemento típico do crime de emissão de cheque sem provisão, introduzido pelo artigo 11 do Decreto-Lei 454/91 de 28 de Dezembro, a qual nada tem a ver com questões casuísticas de natureza probatória ou processual. Por isso que na doutrina nele fixada não pode ter abrigo a tese de que, sendo o prejuízo " conatural " à emissão de todo e qualquer cheque, ao arguido incumbiria sempre a prova do facto contrário, " já que o mero denunciante estaria sempre confortado com uma " presunção " a seu favor ". II - Nem todo o prejuízo ligado à posse de um cheque é penalmente relevante, mas apenas aquele " que é ligado adequada e causalmente à emissão do título, aquele que foi motivado... pela emissão indevida do cheque...
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