Acórdão nº 9840378 de Court of Appeal of Porto (Portugal), 03 de Junho de 1998 (caso NULL)
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 03 de Junho de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CP95 ART129. CPP87 ART71 ART377 N1.
Jurisprudência Nacional: AC STJ DE 1996/01/25 IN CJSTJ T1 ANOIV PAG189. AC STJ DE 1996/12/10 IN CJSTJ T3 ANOIV PAG202.
Sumário: I - Embora sendo certo que no artigo 129 do Código Penal se prescreva que a indemnização de perdas e danos emergentes de crime é regulada na lei civil e o artigo 377 n.1 do Código de Processo Penal estabeleça que a sentença, ainda que absolutória, condena o arguido em indemnização civil sempre que o pedido respectivo vier a revelar-se fundado, este último normativo só tem aplicação quando esteja em causa um caso de responsabilidade civil extra-contratual ( fundada em facto ilícito, ou, quando muito, no risco ) e não também quando estejamos perante uma hipótese de responsabilidade civil fundada na existência dum contrato. Isto em função da necessidade de se atribuir algum...
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