Acórdão nº 9740751 de Court of Appeal of Porto (Portugal), 15 de Outubro de 1997
| Data | 15 Outubro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART49. CP95 ART50.
Sumário: I - A obrigação imposta ao arguido, como condição da suspensão da execução da pena de prisão, de pagar ao ofendido certa quantia - artigo 51 do Código Penal de 1995 - tem a função adjuvante da realização da finalidade da punição e não a de reeditar a tese do carácter penal da indemnização civil proveniente de um crime. II - Atendendo a que do certificado do registo criminal do arguido constam várias acusações por crimes idênticos àquele por que foi agora condenado ( emissão de cheque sem provisão ), à sua situação económica ( contraiu vários empréstimos que, como o que deu origem à emissão do cheque dos autos, estão relacionados...
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