Acórdão nº 9430252 de Court of Appeal of Porto (Portugal), 05 de Novembro de 1997
| Data | 05 Novembro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART228 N1.
Sumário: I - Para a verificação do tipo legal do crime de falsificação de documento do artigo 228 n.1 do Código Penal, é essencial a existência de dolo específico que consiste na intenção de causar prejuízo e de o agente alcançar para si ou para terceiro um benefício ilegítimo. II - Ora, tendo os sacadores de um cheque ordenado ao banco sacado o cancelamento daquele, não com o propósito de se eximir ao seu pagamento, mas apenas no sentido de obviar às consequências do cumprimento defeituoso de um contrato de compra e venda...
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