Acórdão nº 9130414 de Court of Appeal of Porto (Portugal), 09 de Outubro de 1991
Magistrado Responsável | SOUSA GUEDES |
Data da Resolução | 09 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP29 ART34 PAR3 ART417 PAR2 PAR3 ART448 ART665. DL 35007 DE 1945/10/13 ART4 PAR2 N3. CCIV66 ART483 ART494 ART496 ART562. CP82 ART48 N1 N2 ART72 ART128 ART143 A B ART144 N2. L 23/91 DE 1991/07/04 ART14 N1 B.
Jurisprudência Nacional: ASS STJ DE 1934 DE 1934/06/29.
Sumário: 1. Tratando-se de crime que não depende de acusação de parte, não constitui motivo de adiamento de julgamento a falta do advogado do assistente que e simultaneamente arguido: na qualidade de advogado do assistente, a respectiva falta não tem qualquer consequencia (art. 417 ~3 do Cod. Proc. Penal de 1929); enquanto advogado do arguido cumpre ao tribunal substitui-lo (~2). 2. A agressão voluntaria praticada com uma navalha, que e um instrumento particularmente perigoso, idoneo a causar graves ferimentos ou ate a morte, determinante de 40 dias de doença com incapacidade para o trabalho, integra o crime da previsão do art. 144 n. 2 do Codigo Penal. 3. Considerando que o arguido, que tinha 60 anos de idade, era...
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