Acórdão nº 9640467 de Court of Appeal of Porto (Portugal), 30 de Outubro de 1996
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 30 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART164 ART165.
Jurisprudência Nacional: AC RL DE 1992/04/08 IN CJ T2 ANOXVIII PAG180. AC RL DE 1996/02/06 IN CJ T1 ANOXXI PAG156.
Sumário: I - Quando, depois de amnistiado um crime, o processo deva prosseguir para apreciação do pedido de indemnização civil formulado pelo assistente, torna-se necessário apurar se os factos imputados ao arguido foram por ele praticados e se correspondem à adequada figura criminal, por o direito à indemnização só existir se tiver por base um ilícito criminal. II - O pedido de dispensa de sigilo profissional por parte de advogado para depor « contra : colega em acção de honorários por este intentada não consubstancia, só por si, crime de difamação ou de injúrias. Em causa não pode estar o teor do requerimento do demandado a pedir à Ordem aquela dispensa. III - Provado que a) a ora demandante, ao tomar conhecimento de que o ora demandado fora arrolado como testemunha na acção de honorários, requereu que ele não fosse autorizado a depor; b) não obstante ele ter obtido autorização da Ordem dos Advogados dispensa de sigilo profissional, ela enviou-lhe uma carta a dar-lhe conhecimento de que iria apresentar contra ele queixa crime e disciplinar; c) antes da inquirição na acção de...
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