Acórdão nº 9620081 de Supremo Tribunal Administrativo (Portugal), 29 de Setembro de 1998 (caso None)
| Magistrado Responsável | RAPAZOTE FERNANDES |
| Data da Resolução | 29 de Setembro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART498 N3 ART504 N2. DL 522/85 DE 1985/12/31 ART17 N4 D. CE54 ART17 N3 ART38 N5.
Jurisprudência Nacional: AC STJ DE 1985/10/10 IN BMJ N350 PAG318. AC STJ DE 1985/01/30 IN BMJ N343 PAG323. AC STJ DE 1973/02/27 IN BMJ N224 PAG158.
Sumário: I - Para que tenha aplicação o prazo mais longo de 5 anos ( ut artigo 498 n.3 do Código Civil ) na prescrição do procedimento criminal, basta que o facto ilícito integre, em abstracto, um crime previsto pela lei penal, não sendo para tal necessário que tenha sido instaurado procedimento criminal quando estivesse em causa crime particular ou crime público. II - Esse prazo de 5 anos é...
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