Acórdão nº 0277693 de Court of Appeal of Lisbon (Portugal), 29 de Março de 1993
Magistrado Responsável | GONÇALVES LOUREIRO |
Data da Resolução | 29 de Março de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CPP29 ART447 ART448 ART469. CPC61 ART653 N2. CP82 ART313 ART314 C. DL 13004 DE 1927/01/12 ART23 ART24 N2 C. DL 400/82 DE 1982/09/23 ART5.
Sumário: I - O tribunal colectivo não tem de fundamentar as respostas dadas aos quesitos, no domínio do artigo 469 do Código de Processo Penal de 1929, porque, em processo penal, então não se obedecia ao sistema do artigo 653, n. 2, do Código de Processo Civil. II - Ficou provado que os réus, mais de uma vez, emitiram cheques da sociedade para amortizar o saldo da conta- -corrente existente entre esta e a firma queixosa, assinados apenas por eles , que, não obstante a irregularidade do saque , sempre tinham sido pagos pelo banco sacado; a situação de "irregularidade do saque" desta vez, contra o que vinha sendo habitual, levou à recusa de pagamento dos cheques; ainda ficou provado que os cheques foram entregues pré-datados, e os réus assinaram-nos por não se encontrarem na empresa os outros dois sócios gerentes e por a queixosa manifestar urgência em os receber: não se verifica, pois, dada a falta de intenção ou de astúcia, a recondução da conduta dos réus ao tipo de crime de burla, previsto e punível pelos artigos 313 e 314, alínea c), do Código Penal. III - Não é admissível a convolação da conduta dos réus para o crime de emissão de cheque sem provisão, ao abrigo do preceituado nos artigos 447 e 448 do Código de Processo Penal de 1929, por, na pronúncia, se não consignar a referência a "falta de provisão", a defesa não ter...
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