Acórdão nº 069335 de Supremo Tribunal Administrativo (Portugal), 23 de Dezembro de 1981 (caso None)
Data | 23 Dezembro 1981 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLI PÁG343. V SERRA RLJ ANO113 PÁG152.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART487 N1 ART493 ART498 N1 N3. CP886 ART125 PAR2 PAR4 ART369 ART482. CE54 ART5 N2 ART58 N4. DL 607/73 DE 1973/11/14 ART1 N1 A.
Jurisprudência Nacional: AC STJ DE 1979/11/06 IN BMJ N291 PAG466. ASS STJ DE 1979/11/21 IN BMJ N291 PAG235.
Sumário : I - Amnistiado o crime constituido pelos factos integradores da responsabilidade civil, não fica afastada a aplicação do prazo do n. 3 do artigo 498 do Código Civil, tendo porém, o lesado de provar, se quiser prevalecer-se desse prazo, que o facto ilícito constitui crime. II - No caso dos autos, o condutor do veículo militar, cometeu os crimes de ofensas corporais involuntárias - artigo 369 e de danos involuntários - artigo 482 - ambos do Código Penal de 1986, pois infringindo o disposto no artigo 5, n. 2 do...
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