Acórdão nº 9510224 de Court of Appeal of Porto (Portugal), 29 de Novembro de 1995
| Magistrado Responsável | EMIDIO TEIXEIRA |
| Data da Resolução | 29 de Novembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART68 N1 A ART401 N1 B. CPP29 ART11. DL 35007 DE 1945/10/13 ART4 N2. CP82 ART308.
Jurisprudência Nacional: AC STJ DE 1983/02/14 IN BMJ N332 PAG332. AC RP PROC0409058 DE 1990/02/07.
Sumário: I - Embora admitido como assistente, não é de considerar ofendido, titular dos interesses que a lei quis proteger, o particular lesado no crime de abuso de poderes, por o interesse especialmente protegido na norma incriminadora ser o do Estado, não tendo, nesta parte, legitimidade para recorrer do despacho de não pronúncia, por, nessa parte, não haver decisão contra ele proferida; II - O tiro de pistola disparado...
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