Acórdão nº 9710872 de Court of Appeal of Porto (Portugal), 03 de Dezembro de 1997
| Magistrado Responsável | CORREIA DE PAIVA |
| Data da Resolução | 03 de Dezembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART172 ART177 N1 A ART178 N2.
Sumário: I - Relativamente ao crime de abuso sexual de crianças do artigo 172 do Código Penal de 1995, a intervenção do Ministério Público aludida no artigo 178 n.2 do mesmo Código não se reveste da força de alterar a natureza do crime, limitando-se a exercer uma função cautelar, designadamente com o seu " dar início ", " provocando " o exercício do direito de queixa pelo respectivo titular. II - A redacção do n.2 do artigo 178 do Código Penal de 1995 não inculca a obrigatoriedade da acção do Ministério Público, não...
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