Acórdão nº 9840963 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 03 de Fevereiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART4 ART71 ART82 N3 ART139 ART230 N3. CPC67 ART624 ART625 ART626.
Jurisprudência Nacional: AC RC DE 1997/04/09 IN CJ T2 ANOXXII PAG54. AC STJ DE 1991/11/14 IN BMJ N411 PAG453. AC STJ DE 1995/01/12 IN CJSTJ T1 ANOIII PAG181. AC STJ PROC6/95 DE 1996/06/09.
Sumário: I - Tendo o pedido de indemnização civil sido formulado no processo penal são as regras deste processo as aplicáveis. II - Requerida pelos arguidos a expedição de cartas rogatórias em que se pretende fundamentalmente a inquirição de testemunhas sobre factos do pedido civil, não têm aplicação as normas do Código de Processo Civil que regulam a expedição de cartas rogatórias, já que o artigo 230 n.3 do Código de Processo Penal prevê os casos em que, no processo penal, são expedidas cartas rogatórias. III - As imunidades e prerrogativas concedidas a testemunhas, enumeradas nos artigos 624 a 626 do Código de Processo Civil, não têm...
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