Acórdão nº 9811036 de Court of Appeal of Porto (Portugal), 10 de Março de 1999
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 10 de Março de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV / DIR CONTRAT.
Legislação Nacional: DL 316/97 DE 1997/11/19 ART3 N4. CPP87 ART71 ART377 N1. CCIV66 ART286 ART289 N1 ART473 N1 ART482 ART498 N1 N3 N4 ART1143 NA REDACÇÃO DO DL 163/95 DE 1995/07/13.
Jurisprudência Nacional: AC RE DE 1977/01/13 IN CJ T1 ANOII PAG118. AC RE DE 1976/11/25 IN CJ T3 ANOI PAG736. AC RL DE 1976/11/16 IN BMJ N261 PAG149. AC RL DE 1976/10/27 IN CJ T3 ANOI PAG810. AC RP PROC9810616 DE 1998/10/21. ASS STJ DE 1995/03/28 IN DR IS-A 1995/05/17. AC TC DE 1996/05/28 IN DR IS-A 1996/07/18.
Sumário: I - Provado que entre Janeiro e Abril de 1994, o ofendido entregou ao arguido, por empréstimo, as quantias de 1.000 e 2.000 contos, que este ficou de restituir em 17 de Maio de 1994 e 23 de Maio de 1994, tendo então emitido dois cheques desses quantitativos, opondo-lhes estas últimas datas, que vieram a ser devolvidos por insuficiência de provisão, não tendo o arguido restituído ainda aquelas quantias, não ocorreu o prazo de prescrição do direito de indemnização ( o pedido civil, enxertado na acção penal, foi deduzido em 14 de Março de 1996, tendo o procedimento criminal sido julgado extinto por descriminalização do crime de emissão de cheque sem provisão, por se tratar de cheques pré-datados ), já que, apesar da...
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