Acórdão nº 9840978 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1999
| Magistrado Responsável | PINTO MONTEIRO |
| Data da Resolução | 27 de Janeiro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA GERMANO MARQUES DA SILVA IN CURSO DE PROCESSO PENAL VOLI PAG11 E ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL VOLI PAG418.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART71 ART377 N1.
Jurisprudência Nacional: AC STJ DE 1996/01/25 IN CJSTJ T1 ANOIV PAG190. AC RP DE 1995/11/15 IN CJ T5 ANOXX PAG255.
Sumário: I - Da conjugação dos artigos 71 e 377 n.1 do Código de Processo Penal resulta que o pedido cível formulado em processo penal deve ter sempre como pressuposto a existência dum crime e que, no caso de absolvição, só haverá lugar a indemnização cível se houver responsabilidade civil extracontratual - ilícito civil ou responsabilidade fundada no risco, nos termos do artigo 483 do Código Civil. Não é...
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