Acórdão nº 9940214 de Court of Appeal of Porto (Portugal), 21 de Abril de 1999
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 21 de Abril de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11. CPP87 ART71 ART377 N1. CNOT95 ART89 K. CCIV66 ART220 ART289 N1.
Jurisprudência Nacional: AC RP DE 1995/11/15 IN CJ T5 ANOXX PAG255.
Sumário: I - Absolvidos os arguidos do crime de emissão de cheque sem provisão, por despenalização da respectiva conduta ( tratava-se de cheques pré-datados ), a condenação em indemnização terá de assentar em factos que, à data da sua prática, integravam um crime, pois que a causa de pedir do pedido cível formulado na acção penal é o ilícito penal. II - Tendo o demandante alegado que os cheques foram emitidos para pagamento do preço do trespasse de um estabelecimento comercial - trata-se de um negócio formal que para ser válido tem de ser celebrado por escritura pública - e a sentença dado como provado aquele negócio subjacente apenas com base nos depoimentos do arguido e das testemunhas, não constando dos autos a...
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