Acórdão nº 9640243 de Court of Appeal of Porto (Portugal), 10 de Julho de 1996
Magistrado Responsável | FERNANDO FROIS |
Data da Resolução | 10 de Julho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CP82 ART228 N1 B N2 ART313. CP95 ART256 N1 N3. CPP87 ART359 N1 N2 ART16 N1 C NA REDACÇÃO DO DL 317/95 DE 1995/11/28.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/03/10.
Sumário: I - Acusado o arguido pela prática de um crime de emissão de cheque sem provisão do artigo 11 n.1 alínea a) do Decreto-Lei n.454/91, de 28 de Dezembro, o qual, apresentado a pagamento, foi devolvido com a anotação, no seu verso, de " cheque extraviado " e " falta de provisão ", e não tendo ficado provado o prejuízo patrimonial para o seu portador ( o cheque destinava-se a funcionar como garantia do cumprimento de um contrato promessa de compra e venda em que o arguido interviera como promitente comprador, mas como, entretanto, se desinteressou do negócio, deu instruções ao banco sacado, transmitidas telefonicamente e posteriormente confirmados por carta, para que o aludido cheque não fosse pago, por ter sido extraviado, o que o arguido sabia não corresponder à verdade ), tal factualidade não integra o crime da acusação, preenchendo, porém, o tipo legal de crime de falsificação de documento previsto e punido no artigo 228 ns.1 alínea b) e 2 do Código Penal de 1982, a que corresponde actualmente o artigo 256 ns. 1 e 3 do Código Penal de 1995. II - Era irrelevante que na conta sacada houvesse fundos suficientes ao pagamento do cheque, pois, face à comunicação feita pelo...
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