Acórdão nº 039575 de Supremo Tribunal de Justiça (Portugal), 13 de Julho de 1988 (caso NULL)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 13 de Julho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART30 PAR1 PAR2. DL 35007 DE 1944/10/13 ART9. CPP87 ART246 N3.
Sumário : I - De acordo com o sistema consagrado pelo Codigo do Processo Penal de 1929 quanto a reparação civil de perdas e danos, a acção civel em separado da acção penal pode ser intentada livremente se esta ultima acção depender de participação ou acusação particular, mas, se o for, ficara por esse facto extinta a acção penal (paragrafo 1 do artigo 30). II - Se e certo que e permitido, nas condições do paragrafo 2 do mesmo artigo 30, se se tiver instaurado primeiramente processo penal, instaurar-se em separado acção civel, porque compete ao tribunal civel apreciar a verificação ou não do condicionalismo do paragrafo 2 do artigo 30 para admitir ou não admitir a acção civel e porque a lei não consente a pendencia em simultaneo das duas acções, verificados os requisitos do paragrafo 2, caso se tenha instaurado ja...
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