Acórdão nº 048024 de Supremo Tribunal de Justiça (Portugal), 09 de Maio de 1996 (caso NULL)
Magistrado Responsável | ARAUJO DOS ANJOS |
Data da Resolução | 09 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Indicações Eventuais: EDUARDO CORREIA IN DIR CRIMINAL VOLI PAG389. MAIA GONÇALVES IN COD PEN ANOT 6ED PAG174.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART204 ART210. CPP87 ART77 ART78 ART389 ART436. CPC67 ART378 ART502.
Jurisprudência Nacional: AC STJ DE 1993/06/17 IN CJSTJ ANOI TII PAG204.
Sumário : I - Na vigência do Código de Processo Penal de 1987, a acção cível enxertada no processo penal com vista à indemnização de perdas e danos só admite dois articulados: a petição inicial e a contestação e não já a resposta a esta. II - A representação de todos os elementos constitutivos do tipo legal de crime, ao menos como possíveis, é um pressuposto do dolo. III - Verificados os elementos constitutivos do crime de atentado ao pudor previsto no artigo 210 do Código Penal de 1982 mas não se tendo...
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