Acórdão nº 9110481 de Court of Appeal of Porto (Portugal), 05 de Fevereiro de 1992
| Data | 05 Fevereiro 1992 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. JULGADO EXTINTO O PROCEDIMENTO CRIMINAL.
Área Temática: DIR PENAL - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPP29 ART34 ART450 N5 ART571 PAR3. CCIV66 ART496 N3 ART562 ART566 N3. CP82 ART78 ART126 N1 ART142. L 23/91 DE 1991/07/04 ART1 A ART9 ART12 N1.
Jurisprudência Nacional: AC STJ DE 1962/02/07 IN BMJ N114 PAG350.
Sumário: I - Na vigência do Código de Processo Penal de 1929, era obrigatório arbitrar indemnização ao ofendido, como mero efeito da condenação, não sendo lícito ao julgador deixar oficiosamente a sua fixação para execução da sentença. II - Tendo o réu sido condenado como autor de um crime do artigo 142 nº 1 do Código Penal, cometido em 14 de Julho de 1986, em pena de prisão substituida por multa e no pagamento ao ofendido de determinada quantia a título de indemnização por perdas e danos, e, por via...
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