Acórdão nº 0224722 de Court of Appeal of Porto (Portugal), 14 de Novembro de 1990
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 14 de Novembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART112 N1. CPP29 ART101 PAR2. CPC67 ART40 N2. D 13004 1927/01/12 ART23 ART24.
Jurisprudência Nacional: AC STJ DE 1984/05/30 IN BMJ N337 PAG297. AC RE DE 1988/01/26 IN CJ TI ANOXIII PAG277.
Sumário: I - O crime de emissão de cheque sem provisão, previsto e punido pelos artigos 23 e 24 do Decreto nº 13004, de 12/01/1927, é um delito semi-público, pelo que o Ministério Público só tem legitimidade para o exercício da acção penal por esse crime, mediante denúncia ou participação do ofendido; II - Sendo a queixa apresentada por advogado com procuração a quem se conferem "os mais amplos poderes forenses em direito permitidos" é de concluir que a procuração é insuficiente para que o mesmo advogado possa representar, para esses efeitos, o portador do cheque; III - Nos termos do parágrafo 2 do artigo 101, do Código Processo Penal de 1929, todavia, o processo pode ser validado se o ofendido declarar nos autos que pretende ratificar a denúncia apresentada; IV - Essa declaração, porém, deve fazer-se dentro do prazo estabelecido no artigo 112, nº 1, do Código Penal, pois que a queixa não ratificada não tem...
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