Acórdão nº 9150700 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1992
Magistrado Responsável | LUIS VALE |
Data da Resolução | 12 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24 N1 N2 C NA REDACÇÃO DO DL 400/82 DE 1982/09/23 ART5. D 13004 DE 1927/01/12 ART24 PARÚNICO. DL 14/84 DE 1984/01/11 ART1 N1 N2 N3. CCIV66 ART845. CPP87 ART409 ART410 N2. L 23/91 DE 1991/07/04 ART1 D ART2 N2.
Sumário: I - Para os fins do disposto no nº. 1 do artigo 1 do Decreto-Lei nº. 14/84, de 11 de Janeiro ( extinção da responsabilidade pela prática do crime de emissão de cheque sem provisão ) é necessário que o pagamento ou depósito do montante do cheque, acrescido de juros, tenha lugar antes da instauração do procedimento criminal. II - Não se verifica esse circunstancialismo, se a denúncia por esse crime tiver sido efectuada em data anterior ao depósito do montante do cheque ( não englobando os juros ) que o...
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