Acórdão nº 9611036 de Court of Appeal of Porto (Portugal), 29 de Janeiro de 1997
Magistrado Responsável | COSTA MORTAGUA |
Data da Resolução | 29 de Janeiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1. CCIV66 ART410 N1 ART433 ART436 N1.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/03/10.
Sumário: I - Para efeito da incriminação prevista no artigo 11 do Decreto-Lei n.454/91, de 28 de Dezembro, haverá ou não prejuízo patrimonial atendível, consoante a ordem jurídica, considerada na sua totalidade, confira ou não ao portador do título o direito ao recebimento da quantia nele incorporada, sendo assim indiscutível a relevância penal da ligação do crédito titulado pelo cheque à relação substancial que lhe subjaz. II - No regime penal de emissão de cheque sem provisão, quando se fala em prejuízo relevante, perspectiva-se exclusivamente o originado directamente pela emissão dos títulos e não qualquer outro. III - Celebrado um contrato-promessa de divisão e cessão de quotas, em que se acordou que o preço seria pago por meio de...
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