Acórdão nº 9310752 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1994
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 05 de Janeiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: SOBRE LEGITIMIDADE DO ASSISTENTE PARA RECORRER DE SENTENÇA CONDENATÓRIA V AC DESTA RELAÇÃO DE 1992/10/14 REC9240412.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CPP87 ART68 N1 A. CP82 ART402 N1 ART407 A ART408 N2.
Jurisprudência Nacional: AC STJ DE 1966/05/18 IN BMJ N157 PAG213. AC STJ DE 1983/02/14 IN BMJ N332 PAG332.
Sumário: I - Para efeitos do artigo 68, n. 1, alínea a) do Código de Processo Penal, ofendido é o titular do interesse que constitui objecto jurídico imediato do crime e, por isso, nem todos os crimes têm ofendido particular, só o tendo aqueles em que o objecto imediato da tutela jurídica é um interesse ou direito de que é titular um particular; II - Segundo o Professor Figueiredo Dias, "...a nova lei parte do conceito estrito de ofendido na determinação do círculo de pessoas legitimadas para intervir como assistentes no processo penal..."; III - De acordo com os princípios gerais enunciados...
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