Acórdão nº 9640382 de Court of Appeal of Porto (Portugal), 05 de Junho de 1996
Magistrado Responsável | TEIXEIRA MENDES |
Data da Resolução | 05 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CP82 ART128. CP95 ART129. CCIV66 ART483 ART798. CPP87 ART124 N2 ART127.
Jurisprudência Nacional: AC STJ DE 1995/01/12 IN CJSTJ T4 ANOIII PAG183. AC RP PROC9640071 DE 1996/04/24. AC STJ DE 1977/04/28 IN BMJ N266 PAG165. AC STJ DE 1978/07/04 IN BMJ N279 PAG124.
Sumário: I - O artigo 128 do Código Penal de 1982 ao prescrever que a indemnização por perdas e danos emergentes de um crime é regulada pela lei civil quer significar que a indemnização é apenas regulada por tal lei " quantitativamente " e nos seus " pressupostos ", não tratando de questões processuais, estas reguladas pelo Código de Processo Penal, nomeadamente nos artigos 71 a 84. II - As normas do processo civil sobre delimitação dos factos que podem ser objecto de prova, pela alegação dos mesmos nos articulados, não têm aplicação em processo penal; neste vigora o princípio do conhecimento amplo dos factos. III - A obrigação de indemnização pode resultar, entre outros factos, do não cumprimento de qualquer obrigação ( artigo 798 do Código Civil ) como do ilícito culposo extra contratual ( artigo 483 do mesmo Código ). IV - Face ao seguinte quadro factual dado como provado: - o arguido trabalhava com A num stand de compra e venda de automóveis; - A convenceu o arguido a abrir uma conta bancária, em nome do arguido, para ser utilizada no giro comercial do dito stand, alegando que a conta bancária dele ( A ) se encontrava cancelada; - Após ter aberto a conta, o arguido entregou a A, a pedido deste, diversos cheques que eram para A proceder a pagamentos relacionados com o desenvolvimento da sua actividade comercial, convencendo-o este de que não havia...
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