Acórdão nº 081771 de Supremo Tribunal Administrativo (Portugal), 29 de Abril de 1993 (caso None)
Data | 29 Abril 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA OBG GER 2ED PAG505.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART1498 N1 N3. CP82 ART112 ART117 N1 C ART148 N3 N4.
Jurisprudência Nacional: AC STJ DE 1981/03/10 IN BMJ N305 PAG265.
Sumário : I - O fixar o n. 3 do artigo 498 do Código Civil um prazo superior a 3 anos, do seu n. 1, pressupõe-se que a lei penal permite o procedimento criminal para além daquele prazo de 3 anos, pois desaparecida essa possibilidade deixa de haver o alongamento do prazo de prescrição normal de 3 anos. II - Se o procedimento criminal depender de queixa este só pode ter lugar, se esse direito de queixa tiver sido exercido, pois se o não for no prazo que a lei prevê, prescreve esse procedimento, daí que para efeitos do n. 3 do artigo 498 do Código Civil se tem de atender aos prazos de prescrição do direito de queixa, se esta for necessária para haver procedimento criminal. III - Ora, no caso dos autos o condutor do veículo teria cometido o crime de ofensas corporais do artigo 148, n. 3 do Código Penal, a que corresponde o prazo de prescrição de 5 anos - artigo 117, n. 1, alínea c) do Código Penal citado. IV - Porém, segundo o seu n. 4, este procedimento criminal depende de queixa que se...
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