Acórdão nº 9741125 de Court of Appeal of Porto (Portugal), 15 de Abril de 1998
| Magistrado Responsável | BARROS MOREIRA |
| Data da Resolução | 15 de Abril de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. DL 454/91 DE 1991/12/28 ART11 N3 NA REDACÇÃO DO DL 316/97 DE 1997/11/19.
Jurisprudência Nacional: ASS STJ DE 1997/05/08 IN DR IS-A 1997/06/18. AC STJ DE 1990/07/04 IN CJ T3 ANOXV PAG26.
Sumário: I - A comunicação escrita enviada pelo sacador de um cheque ao banco sacado a referir falsamente que o cheque se extraviou, para obstar ao seu pagamento, o qual veio a ser devolvido por falta de provisão, irregularidade de saque e extravio, conforme anotações apostas no seu verso, integra um crime de emissão de cheque sem provisão e não um crime...
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