Acórdão nº 0225765 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1991
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 27 de Fevereiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR PROC PENAL. DIR CRIM.
Legislação Nacional: LUCH ART29. D 13004 DE 1927/01/12 ART23 ART24. DL 400/82 DE 1982/09/23 ART5 N1. CP82 ART38. CPP87 ART118 N1 ART119 ART120 N1 N3 A ART379 B ART410 N2 A ART426.
Jurisprudência Nacional: ASS STJ DE 1980/11/20 IN BMJ N301 PAG263.
Sumário: 1. Constando da acusação e da pronuncia que a recusa do pagamento de um cheque por falta de provisão teria ocorrido numa data anterior a inscrita nesse cheque como sendo a data de emissão, e tendo a sentença dado como provado que essa recusa ocorreu em data posterior, verifica-se uma alteração não substancial dos factos descritos naquelas peças processuais, com relevancia para a discussão da causa. 2. A falta de comunicação ao arguido dessa alteração implica a nulidade prevista no artigo 379 alinea b) do Codigo de Processo Penal, que devera ter-se por sanada se não for arguida em tempo. 3. E irrelevante, para efeitos criminais, o conhecimento que o tomador de um cheque pre-datado possa ter de que foi emitido sem provisão, pelo que não e de afastar a ilicitude...
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