Acórdão nº 9641024 de Court of Appeal of Porto (Portugal), 05 de Fevereiro de 1997
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 05 de Fevereiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART403 N1.
Jurisprudência Nacional: AC RP PROC9640738 DE 1996/11/13. AC RP DE 1996/05/29 IN CJ T3 ANOXXI PAG234. AC RP DE 1994/11/16 IN CJ T5 ANOXIX PAG248. AC RP DE 1995/09/25 IN CJ T4 ANOXX PAG229.
Sumário: I - Tendo apenas recorrido o arguido e pedido que a pena acessória de inibição de uso de cheque fosse suspensa na sua execução, não pode a Relação, em sede de recurso, ultrapassar o pedido e revogar essa mesma pena por falta de suporte factual. II - A circunstância de, pelo menos desde o Decreto-Lei 454/91, de 28 de Dezembro, o crime de emissão de cheque sem provisão ser um verdadeiro crime de dano ou de resultado não impede, quer do ponto de vista conceptual, quer do ponto de vista prático, que o...
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