Acórdão nº 1157/2004-9 de Court of Appeal of Lisbon (Portugal), 26 de Fevereiro de 2004 (caso NULL)
Magistrado Responsável | CARLOS BENIDO |
Data da Resolução | 26 de Fevereiro de 2004 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Acordam, em conferência, no Tribunal da Relação de Lisboa: I - RELATÓRIO No processo comum singular, em que é arguido (J) foi este acusado da prática de dois crimes de ofensa à integridade física simples, p. p. pelo artº 143º, nº 1, do C. Penal, e um crime de dano, p. p. pelo artº 212º, do mesmo diploma.
Por despacho de fls. 47/48 o M.mo juiz ordenou o arquivamento dos autos por falta de apresentação válida de queixa e consequente falta de legitimidade do Ministério Público para promover o processo penal.
Inconformada com o assim decidido, recorreu a Ex.ma Magistrada do Ministério Público, (...) Nos termos do art° 113°, n° 1, do CP, "Quando o procedimento criminal depender de queixa, tem legitimidade para apresentá-la, salvo disposição em contrário, o ofendido, considerando-se como tal o titular dos interesses que a lei especialmente quis proteger com a incriminação ".
Por sua vez, dispõe o n° 3 que "Se o ofendido for menor de 16 anos ou não possuir discernimento para entender o alcance e o significado do exercício do direito de queixa, este pertence ao representante legal e, na sua falta, às pessoas indicadas nas alíneas do número anterior, segundo a ordem aí referida, salvo se alguma delas houver comparticipado no crime".
Por fim, dispõe o n° 4 que "Qualquer das pessoas pertencentes a uma das classes referidas nos números 2 e 3 pode apresentar...
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