Acórdão nº 9840768 de Court of Appeal of Porto (Portugal), 28 de Outubro de 1998
| Magistrado Responsável | NEVES MAGALHÃES |
| Data da Resolução | 28 de Outubro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP87 ART71 ART377 N1. DL 316/97 DE 1997/11/19 ART3 N2. CP95 ART129. CSC86 ART197 N3.
Jurisprudência Nacional: AC STJ DE 1996/01/25 IN CJSTJ T1 ANOIV PAG189. AC STJ DE 1996/12/10 IN CJSTJ T3 ANOIV PAG202. AC RP PROC9840350.
Sumário: I - A norma do artigo 377 n.1 do Código de Processo Penal só tem aplicação quando esteja em causa um caso de responsabilidade civil extra-contratual ( fundada em facto ilícito ou no risco ) e não também nas hipóteses de responsabilidade civil fundada na existência de um contrato. II - Absolvidos os arguidos do crime de emissão de cheque sem provisão, por se tratar de cheque pré-datado, agora descriminalizado face ao novo regime estabelecido no...
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