Acórdão nº 9640008 de Court of Appeal of Porto (Portugal), 20 de Março de 1996
| Magistrado Responsável | TEIXEIRA PINTO |
| Data da Resolução | 20 de Março de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A.
Sumário: I - No crime de emissão de cheque sem provisão o bem jurídico protegido é o património do tomador do cheque, sendo o prejuízo patrimonial seu elemento essencial. O património deve ser entendido na sua concepção jurídico-económica, como constituído pelo conjunto de utilidades económicas detidas pelo sujeito, cuja fruição ou exercício a ordem jurídica não desaprova. O prejuízo patrimonial será a frustração do direito do portador do cheque de receber na data da sua apresentação a pagamento a quantia a que tem direito e para cujo...
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