Acórdão nº 9440883 de Court of Appeal of Porto (Portugal), 11 de Janeiro de 1995
| Data | 11 Janeiro 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Indicações Eventuais: CITA VANINI - HOMICÍDIO POR NEGLIGÊNCIA PAG86 E SEGUINTES.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART15 ART144 N2 ART148. CPP87 ART401 N1 C ART403 N2 ART410 N2 ART426 ART428 ART431.
Sumário: I - Interposto recurso apenas pela demandante civil, tem-se por adquirida a absolvição decidida em sede criminal, sem prejuízo de a recorrente poder pôr em causa os fundamentos dessa decisão na medida em que contenda com os direitos reclamados, o que significa que o recurso implica a discussão da matéria de culpa. II - Embora circunscrito à matéria de direito, o tribunal de recurso conhece oficiosamente dos vícios da matéria de facto a que alude o artigo 410, n. 2 do Código de Processo Penal. III - Afastado o dolo e a negligência consciente no disparo do tiro que...
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