Acórdão nº 9840632 de Court of Appeal of Porto (Portugal), 18 de Novembro de 1998
Magistrado Responsável | FERNANDO FROIS |
Data da Resolução | 18 de Novembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N3 NA REDACÇÃO DO DL 316/97 DE 1997/11/19. CPP87 ART71 ART377 N1. CCIV66 ART483. CPC67 ART268 ART273 N1.
Sumário: I - Absolvido o arguido do crime de emissão de cheque sem provisão por não se ter provado que tenha agido com dolo, tratando-se além disso de cheques pré-datados, destinados ao pagamento de fornecimentos de mercadorias, não pode o arguido ser condenado com base no artigo 483 do Código Civil no montante dos cheques e juros porque o débito do arguido não resulta de responsabilidade extracontratual ou por factos ilícitos. II - Tendo de interpretar-se o n.1 do artigo 377 do Código de Processo Penal em conjugação com o artigo 71 do mesmo diploma - não devendo ser admitido o pedido de indemnização que não respeite aos danos causados pelo crime - terá de concluir-se que, no caso de absolvição do crime, só deverá condenar-se o arguido em indemnização civil desde que se verifiquem os pressupostos da responsabilidade civil extracontratual ou fundada no risco. III - Para além de não se provar que o demandado tenha...
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