Acórdão nº 9710080 de Court of Appeal of Porto (Portugal), 25 de Junho de 1997
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 25 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ABSOLVIÇÃO DA INSTÂNCIA. PROVIDO.
Área Temática: DIR PROC PENAL. DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP87 ART131 N2 N3. CCIV66 ART130 ART496 N2. CPC67 ART26 N1 N3.
Jurisprudência Nacional: AC RP DE 1991/04/04 IN CJ T2 ANOXVI PAG255. AC RC DE 1993/10/26 IN CJ T4 ANOXVIII PAG69.
Sumário: I - Nos crimes de natureza sexual, geralmente cometidos com excepcionais precauções, é forçoso que se atribua especial importância às declarações da ofendida que, no entanto, devem encontrar apoio nos demais elementos de prova. II - Atento o disposto no artigo 131 ns. 2 e 3 do Código de Processo Penal e verificado que existe prova pericial sobre a personalidade da ofendida, onde se conclui que não tem « qualquer autonomia ou responsabilidade : e que, no exame psiquiátrico feito na mesma ocasião, se conclui que sofre de « oligofremia profunda do tipo imbecilidade grave : e que « é portadora dum atraso mental grave, profundamente limitativo da sua capacidade de discernimento :, atribuindo-se-lhe a idade mental de 3 a 5 anos ( à data dos factos tinha 27 anos ), as suas declarações não poderão fundamentar uma condenação, especialmente se a restante prova não lhes dá consistência, designadamente a testemunhal que reproduz, no essencial, as declarações da própria ofendida. III - Se...
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