Acórdão nº 9611142 de Court of Appeal of Porto (Portugal), 21 de Maio de 1997
| Magistrado Responsável | MOURA PEREIRA |
| Data da Resolução | 21 de Maio de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO. REENVIO DO PROCESSO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 A. CCIV66 ART220 ART286 ART1142 ART1143 ART1145.
Jurisprudência Nacional: AC RP DE 1995/11/15 IN CJ T5 ANOXX PAG256. AC RP DE 1996/05/29 IN CJ T3 ANOXXI PAG237.
Sumário: I - O elemento típico do crime de emissão de cheque sem provisão « causar prejuízo patrimonial : supõe que se esteja perante a violação de um direito de crédito válido e exigível. Por isso que é indiscutível a relevância penal da ligação do crédito titulado pelo cheque à relação substancial que lhe subjaz. II - 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. III - Se o cheque se destinava ao pagamento de um empréstimo de 2000 contos cujo...
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