Acórdão nº 9940384 de Court of Appeal of Porto (Portugal), 19 de Maio de 1999
Data | 19 Maio 1999 |
Órgão | 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 PROC PENAL.
Legislação Nacional: CP95 ART129. CCIV66 ART483. CPP87 ART71 ART377 N1. CSC86 ART197 N3 ART198. DL 454/91 DE 1991/12/28 ART11 N1 A.
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 PROC9940169 DE 1999/04/14.
Sumário: I - O artigo 377 n.1 do Código de Processo Penal só tem aplicação quando esteja em causa a responsabilidade civil extracontratual ( fundada num facto ilícito ou no risco ) e não também nos casos de responsabilidade civil fundada na existência de um contrato. II - Descriminalizada a conduta do arguido acusado de um crime de emissão de cheque sem provisão, por se tratar de cheque post-datado ( Decreto-Lei n.316/97, de 19 Novembro ), e tendo-se provado que o arguido emitiu o cheque como gerente da sociedade comercial...
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