Acórdão nº 041178 de Supremo Tribunal de Justiça (Portugal), 07 de Novembro de 1990 (caso NULL)
Magistrado Responsável | CERQUEIRA VAHIA |
Data da Resolução | 07 de Novembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART126 N1 N4 ART228 N1 B ART313. L 16/86 DE 1986/06/11 ART1 E ART2. D 13004 DE 1927/01/12 ART23 ART24 NA REDACÇÃO DO DL 400/82 DE 1982/09/23. DL 400/82 DE 1982/09/23 ART5.
Sumário : I - Tendo a re e o assistente acordado que o segundo construisse para aquela uma casa de habitação, a pagar em prestações sucessivas conforme o andamento da obra; tendo o assistente apos combinar com a re o acabamento da obra, recebido desta um cheque no valor de 200000 escudos, sendo convicção da re que a quantia se destinava a continuação da obra e do assistente quando recebeu o cheque em referencia, que o mesmo seria descontado quando apresentado a pagamento, o que não sucedeu porque a re inscreveu ao seu banco solicitando o não pagamento do cheque alegando falsamente o extravio deste e retirando o dinheiro que tinha na conta sacada, o que levou a que o cheque, quando apresentado a pagamento, fosse devolvido sem desconto, com a carta de que fora declarado extraviado pelo titular e de falta de provisão: a) a conduta da re...
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