Acórdão nº 038589 de Supremo Tribunal de Justiça (Portugal), 04 de Fevereiro de 1987
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 04 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: DL 14/84 DE 1984/01/11 ART1 N3 N4. CP82 ART128. LUCH ART45 N2 ART48 ART49. DL 262/83 DE 1983/06/16 ART4. PORT 581/83 DE 1983/05/18. DL 200-C/80 DE 1980/06/24. CONST76 ART8 N2. CCIV66 ART560. L 16/86 DE 1986/06/11.
Jurisprudência Nacional: AC TC DE 1985/05/31. AC STJ DE 1986/03/18 IN BMJ N355 PAG175.
Sumário : I - Os dois casos previstos no artigo 1 do Decreto-Lei n. 14/84, de 11 de Janeiro, não são casos de indemnização, como efeito da condenação penal, mas de pagamento, na terminologia deste diploma; pagamento este do montante do cheque e juros compensatorios e moratorios, calculados de certa forma, em taxa elevada funcionando como compensação do importante beneficio concedido ao arguido, sob o aspecto penal, poupando-o aos incomodos e riscos de um processo criminal (pela extinção do respectivo procedimento) ou aos sofrimentos inerentes a execução da pena (pela suspensão da mesma). II - Em materia de indemnização rege o artigo 128 do codigo penal, segundo o qual "a indemnização de perdas e danos emergentes de um crime e regulado pela lei civil"; o que significa que e a lei civil que o juiz deve recorrer para determinação dos pressupostos ao da indemnização. III - Esta regra não pode ser afastada pelas disposições especiais do artigo 1, ns. 1 e 3, do Decreto-Lei n. 14/84, que e um diploma de natureza penal, alheio a fixação da indemnização na sentença compensatoria. IV - O portador de um cheque tem direito a importancia respectiva bem como aos juros correspondentes, segundo a taxa legalmente em vigor (artigo 45 da Lei Uniforme sobre o Cheque, que estabelece a taxa de 6%). V - Essa taxa...
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