Acórdão nº 9240299 de Tribunal da Relação do Porto, 20 de Maio de 1992
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 20 de Maio de 1992 |
| Emissor | Tribunal da Relação do Porto |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24 N1. LUCH ART28 ART29 ART40 ART41.
Jurisprudência Nacional: ASS STJ DE 1980/11/20 IN BMJ N301 PAG263. AC RP DE 1991/10/23 IN CJ ANOXVI T4 PAG279. AC RP PROC0124431 DE 1990/12/19.
Sumário: I - O problema da natureza do crime prende-se unicamente com os seus elementos constitutivos. II - No âmbito do Decreto 13004 de 12 de Janeiro de 1927, a condição objectiva de procedibilidade ou de punibilidade consistente na apresentação do cheque a pagamento em certo prazo e na verificação formal do não pagamento traduz, tão só, uma opção tomada pela entidade legisferante em sede de política criminal, nada tendo a ver com os elementos integradores do tipo legal. III - O cheque pré-datado é válido, podendo circular antes da data nele aposta...
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