Acórdão nº 96P294 de Supremo Tribunal de Justiça (Portugal), 09 de Outubro de 1996 (caso NULL)
Magistrado Responsável | MARIANO PEREIRA |
Data da Resolução | 09 de Outubro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: ALBERTO DOS REIS IN COD PROC CIV ANOT VOL2 PAG246. CAVALEIRO DE FERREIRA IN CURSO DE PROC PENAL VOL2 PAG288.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC CIV. DIR CONST - DIR FUND. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART72 ART143 B ART144 A ART145 N2 N10 N13 N14 N18. CONST89 ART32 N2. CPP87 ART82 ART127 ART410. CP95 ART71. L 15/94 DE 1994/05/11 ART8 N1 D. CCIV66 ART483 ART496 ART564. CPC67 ART661.
Sumário : I - Para se verificar o ilícito do artigo 143, alínea b) do CP de 82, é necessário a existência de dolo quer quanto à ofensa quer quanto ao resultado. II - Comete o ilícito do n. 2 do artigo 145 do mesmo diploma o arguido que desferiu um murro no olho direito do ofendido, cegando-o, embora não tivesse sido sua intenção provocar-lhe tal resultado. III - O dever de indemnizar compreende não só o prejuízo causado como o benefício que o...
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