Acórdão nº 96P1186 de Supremo Tribunal Administrativo (Portugal), 09 de Abril de 1997 (caso None)
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 09 de Abril de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART59 B. CP82 ART136 N2. CP95 ART137 N2. CPP87 ART69 N2 C ART74 N2 ART77 N2 ART213 N5 ART272 N3 ART283 N5 ART284.
Jurisprudência Nacional: AC STJ DE 1995/03/30 IN CJSTJ ANOIII TI PAG235. AC STJ DE 1995/05/25 IN BMJ N447 PAG364. AC STJ DE 1995/11/12 IN CJSTJ ANOIII TIII PAG241.
Sumário : I - No que concerne à legitimidade dos demandantes civis para interporem recurso no qual se limitam a pedir o agravamento da pena imposta ao arguido e a aplicação da inibição de conduzir, é indubitável que é manifesta a sua ilegitimidade, visto que a sua intervenção pessoal, como dispõe o artigo 74 n. 2 do CPP, restringe-se à sustentação e à prova do pedido de indemnização civil e, consequentemente, em sede de recurso, a sua legitimidade confina-se ao âmbito das questões de natureza civil ou que nestas possam repercutir-se. II - Quanto à legitimidade do assistente para recorrer relativamente...
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