Acórdão nº 9940509 de Court of Appeal of Porto (Portugal), 02 de Junho de 1999
Magistrado Responsável | CAHAPUZ GUERRA |
Data da Resolução | 02 de Junho 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 OBG / DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: CPP98 ART377 N1. CCIV66 ART483.
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 STJ DE 1998/04/02 IN CJSTJ T2 ANOVI PAG179.
Sumário: I - O artigo 377 n.1 do Código de Processo Penal só tem aplicação quando esteja em causa um caso de responsabilidade extracontratual ( fundada num facto ilícito ou, quando muito, no risco ) e não também nas hipóteses de responsabilidade civil fundada na existência de um contrato. II - Descriminalizada a conduta da arguida, acusada por crime de emissão de cheque sem provisão, face ao regime estabelecido pelo Decreto-Lei n.316/97, de 19 de Novembro, e tendo o processo prosseguido para conhecimento do pedido civil, vindo a provar-se que o cheque se destinava a devolver ao promitente comprador a quantia por este entregue a título de sinal ao promitente vendedor ( a arguida, companheira deste, a pedido de quem...
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