Acórdão nº 048771 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1996 (caso NULL)
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 31 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO / TEORIA GERAL. DIR PROC PENAL - RECURSOS. DIR CIV - DIR OBG / DIR RESP CIV.
LegislaÁ„o Nacional: CPP87 ART71 ART127 ART377 N1 ART410 N2 B C N3 ART433. CCIV66 ART798. DL 29833 DE 1939/08/17 ART1 ART2. CP82 ART296 ART297 N1 A N2 B.
Sum·rio : I - O pedido de indemnizaÁ„o civil fundado na pr·tica de um crime È deduzido no processo penal - artigo 71 do C.P.P. II - Pode, porÈm, suceder que o arguido venha a ser absolvido do crime, mas se provÍm todos os fundamentos do pedido cÌvel. Nesse caso, o tribunal h·-de ainda condenar os respons·veis em indemnizaÁ„o civil. III - Em face dos factos provados concluindo-se que houve entre o assistente e o arguido um contrato de penhor mercantil que o arguido n„o cumpriu, pois n„o conservou os bens identificados, ou pelo menos parte deles, trata-se, pois, de...
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