Acórdão nº 9910289 de Court of Appeal of Porto (Portugal), 20 de Outubro de 1999 (caso NULL)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 20 de Outubro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: CP95 ART129. CPP98 ART71 ART330 N2 ART331 N1 ART377 N1 ART445 N3. CCIV66 ART220 ART289 ART483 ART1142 ART1143. DL 316/97 DE 1997/11/19 ART3 N4.
Jurisprudência Nacional: ASS STJ DE 1999/06/17 IN DR IS-A 1999/08/03.
Sumário: I - Relativamente ao pedido de indemnização civil deduzido em processo penal, que tem de ser fundado na prática de um crime, o pedido cível não tem que indicar de forma expressa os factos que já constam da da acusação ou pronúncia e sua prova, bastando a mera remissão para essa acusação ou pronúncia. II - Tendo o processo prosseguido apenas para conhecimento do pedido civil nada impedia que no julgamento se produzisse a prova indicada para sustentação da acusação. III - Extinto o procedimento criminal, e prosseguindo o processo só para julgamento do pedido civil, a intervenção do arguido surge agora apenas como demandado civil, e, nessa medida, sujeita à disciplina que rege para as partes civis, não sendo fundamento de adiamento da audiência a falta das partes civis ou dos seus representantes ( artigos 330 n.2 e 331 n.1 do Código de Processo Penal ). IV - É de manter o entendimento acolhido no acórdão do Supremo Tribunal de Justiça, de 17 de Junho de 1999, proferido nos termos...
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