Acórdão nº 036665 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1982 (caso NULL)
Magistrado Responsável | JOSE LUIS PEREIRA |
Data da Resolução | 13 de Outubro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: D 13004 DE 1927/01/12 ART24. CPP29 ART2 ART6. DL 35007 DE 1945/10/13 ART1 N1. L DE 1901/04/11. DL 42644 DE 1959/11/14 ART3 D. CNOT67 ART168. DL 182/74 DE 1974/05/02.
Sumário : I - O exercicio de acção penal pelo Ministerio Publico, pelo crime de emissão de cheque sem provisão, depende da participação do ofendido - artigos 24 do Decreto-Lei n. 13 004, 6 do Codigo de Processo Penal, e 3, n. 1, do Decreto-Lei n. 35 007. II - Tendo um cheque sido emitido a favor de determinada sociedade por quotas, a legitimidade do Ministerio Publico para exercer a acção penal, depende da participação feita pela sociedade ofendida, atraves do socio-gerente a quem incumbe a representação, de harmonia com o artigo 26 da Lei de 11 de Abril de 1901. III - A prova da qualidade de gerente da sociedade, para efeitos de participação criminal, não tem, necessariamente, que fazer-se por documento idoneo (credencial autenticada, pacto social, certidão do registo a que refere o artigo 3, alinea d), do Decreto-Lei n. 42 644, de 14 de Novembro de...
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