Acórdão nº 9710674 de Court of Appeal of Porto (Portugal), 15 de Outubro de 1997 (caso NULL)
Magistrado Responsável | MILHEIRO DE OLIVEIRA |
Data da Resolução | 15 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART69 ART401 N1 A ART492 N2 ART495 N2.
Sumário: I - A decisão judicial sobre as consequências do incumprimento de um dever imposto como condição da suspensão da execução da pena, para cuja formação não concorre o assistente ( artigos 492 n.2 e 495 n.2 do Código de Processo Penal ), não é proferida nem a favor nem contra este. II - Ao condicionar a suspensão da execução da pena à obrigação de pagar ao assistente determinada quantia, a decisão condenatória não gera a constituição de nenhum direito na esfera jurídica daquele, pelo que o não cumprimento desse dever em caso algum constituirá, em si, lesão jurídica de qualquer direito do...
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