Acórdão nº 0277003 de Court of Appeal of Lisbon (Portugal), 20 de Maio de 1992
Magistrado Responsável | DINIS ALVES |
Data da Resolução | 20 de Maio de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CP82 ART228 N1 B ART233 N3 ART13.
Sumário: I - No despacho de pronúncia consigna-se que os arguidos eram os únicos sócios da sociedade por quotas; no dia 4.12.1985 (sic), num Cartório Notarial,representados por M.N.C., celebraram escritura pública de dissolução e liquidação da sociedade; fizeram aí constar que a sociedade não tinha activo nem passivo; mas, a mesma havia sacado 5 letras, no valor global de 64800, escudos aceites pela sociedade B. & L., Lda; as letras de câmbio foram descontadas por BFB, que entregou a sua importância aos arguidos; as letras não foram pagas no vencimento, nem posteriormente, sendo protestadas; o BFB, em acção judicial, exigiu aos arguidos e à B. & L., Lda o pagamento daquela quantia acrescida de juros, sendo, então, confrontado com a existência da escritura; sabiam os arguidos que deviam essa quantia ao BFB e que a B. & L., Lda não se obrigara perante o Banco; sabiam também que não correspondia à verdade o que haviam feito constar da escritura e que, com a sua actuação, prejudicavam o BFB e, além disso, punham em crise a credibilidade merecida pelas escrituras públicas, de modo proibido por lei. II - O resultado da pronúncia não coincide, porém, com a matéria do processo: - é que este compulsado - não permite a conclusão (por falta de indícios) de que os arguidos tivessem agido, com a intenção de causar prejuízo ao Banco que descontou as letras, a qualquer outra pessoa ou ao Estado, quando naquela escritura de dissolução fizeram a declaração de não haver lugar a partilha, dado a dissolvida não ter activo nem passivo, pelo que, devido a carência de elemento subjectivo típico do crime de falsificação, descrito no artigo 228, n 1, al.b), e 2, do Código Penal (CP), o mesmo não ocorre aqui. III - Outrossim - dados os...
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