Acórdão nº 9740534 de Supremo Tribunal Administrativo (Portugal), 17 de Setembro de 1997 (caso None)
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 17 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR CIV - DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CCIV66 ART220 ART289 N1 ART1143. CPP87 ART71 ART377 N1. CP82 ART128. CP95 ART129.
Jurisprudência Nacional: AC RP PROC9740309 DE 1997/05/07. AC STJ DE 1996/01/25 IN CJSTJ T1 ANOIV PAG189. AC STJ DE 1996/11/06 IN CJSTJ T3 ANOIV PAG185. AC STJ DE 1996/12/10 IN CJSTJ T3 ANOIV PAG202.
Sumário: I - O denonimado " prejuízo patrimonial " aludido no artigo 11 do Decreto-Lei n.454/91, de 28 de Dezembro, tem como suporte a consideração do " património " na perspectiva " jurídico-económica ", sendo que, no regime penal da emissão de cheques sem provisão, quando se refere o " prejuízo penalmente relevante " se deverá ter em consideração aquele que é originado directamente pela emissão do cheque e não qualquer outro. II - Nessa concepção, haverá ou não prejuízo patrimonial penalmente relevante, conforme a ordem jurídica, considerada na sua totalidade, confira ou não ao portador do cheque o direito ao recebimento da quantia nele incorporada. III - Absolvida a arguida, sacadora de cheque não pago por falta de provisão, da prática do crime, impõe- -se também a sua absolvição relativamente ao pedido de indemnização civil se o cheque tiver sido emitido como garantia de um...
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