Acórdão nº 9450639 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1994
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 14 de Dezembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART144 N2. CCIV66 ART66 N1 ART566 N2 N3.
Sumário: I - Um menor de 15 anos de idade é "pessoa" para efeitos do disposto no artigo 144 n.2 do Código Penal: «...juntamente com três ou mais pessoas...: A noção jurídica de « pessoa : , na falta de disposição expressa de direito penal que outra imponha, é recebida dos princípios gerais de direito onde, como é sabido, a personalidade jurídica se adquire no momento do nascimento completo e com vida ( artigo 66 n.1 do Código Civil ). II - O prazo para o arguido pagar a indemnização arbitrada ao ofendido como condição da suspensão da pena há-de implicar algum sacrifício para o primeiro. Assim, se por um lado, um dos arguidos recebe uma pensão de reforma por invalidez de 17.500 escudos / mês e o outro uma pensão de 16.000 escudos em igual período, é ajustado alongar o prazo de cinco meses fixado na sentença para pagarem ao ofendido a indemnização de 597.086 escudos, não devendo, no entanto, ultrapassar-se os 12 meses, tanto...
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