Acórdão nº 039207 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1988
Data | 06 Janeiro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISÃO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART34 ART649 N6 ART673 N4 ART674 ART681 ART682 ART694. CP82 ART128. CPC67 ART673 N4 ART771 C ART772 N2 B ART775 N1. CCIV66 ART374. DL 605/75 DE 1975/11/03 ART12.
Sumário : I - O Codigo de Processo Penal (de 1929) contempla o regime de revisão das sentenças penais, condenatorias ou absolutorias, e bem assim dos despachos, igualmente transitados em julgado, que tenham mandado arquivar o processo ou declarado que o arguido não foi agente da infracção, nos termos do artigo 694. II - O ambito da revisão indicado extrai-se dos proprios textos legais, designadamente do artigo 673, os quais não contemplam a revisão da decisão que haja arbitrado ou fixado a indemnização por perdas e danos, sendo taxativos os casos de revisão. III - O n. 4 do artigo 673 supõe uma sentença condenatoria de natureza penal, e sentença condenatoria tem, em processo penal, designadamente em materia de recursos, o sentido de sentença que aplica uma pena ou medida de segurança (n. 6 do artigo 649), e não que simplesmente arbitra uma indemnização por perdas e danos. IV - Como assim, a revisão da decisão contida na sentença penal que haja arbitrado indemnização não esta prevista no meio processual de revisão regulado no Codigo de Processo Penal, que so a responsabilidade criminal se refere. V - De resto, a indemnização arbitrada ao lesado como consequencia de um crime tem, sobretudo perante o novo Codigo Penal (artigo 128), um caracter civilistico, donde resulta que não faria sentido aplicar a revisão da decisão que a arbitra um regime instituido a base de um interesse publico dominante, como e o caso das sentenças penais, admitindo-se o pedido de revisão sem limite temporal (artigo 674 do Codigo de Processo...
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