Acórdão nº 9740256 de Court of Appeal of Porto (Portugal), 28 de Maio de 1997
Magistrado Responsável | DIAS CABRAL |
Data da Resolução | 28 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CPP87 ART358 N1 ART379 B.
Jurisprudência Nacional: AC STJ DE 1990/07/04 IN CJ T3 ANOXV PAG26. AC STJ DE 1992/04/23 IN CJ T2 ANOXVII PAG22.
Sumário: I - A falta de uma das assinaturas exigidas no convénio do cheque para a movimentação de fundos depositados na conta, não exclui a responsabilidade daquele que no cheque apôs a sua assinatura no lugar destinado ao sacador, verificados que sejam os restantes requisitos da punibilidade. II - Constando da acusação que « o arguido preencheu, assinou e entregou a favor de Landimar - Trânsitos e Navegação Ldª, o cheque nº... : e dando-se como provado que « o arguido assinou e autorizou o...
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