Acórdão nº 97P1509 de Supremo Tribunal de Justiça (Portugal), 09 de Julho de 1998
Magistrado Responsável | NUNES DA CRUZ |
Data da Resolução | 09 de Julho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP87 ART165 N1 ART340 N1. CCIV66 ART489 N1.
Sumário : I - Em processo penal a junção de documentos que constituam elementos de prova poderá ser feita oficiosamente ou a requerimento até ao encerramento da audiência, embora o devesse ser nas fases preliminares do processo - cfr. artigo 165, n. 1. II - E nos termos do artigo 340, n. 1 do Código de Processo Penal, o tribunal ordena oficiosamente ou a requerimento, a produção de todos os meios de prova cujo conhecimento se lhe afigure necessário à descoberta da verdade e à boa decisão da causa. III - A disciplina desta norma é aplicável quer à parte criminal, quer ao pedido cível, uma vez que nenhuma razão válida ocorre que justifique limitar o preceito à parte criminal com exclusão do pedido civil. IV - Repugna ao conceito de equidade a condenação do demandado a reparar os danos causados num estado de inimputabilidade cujo início foi desencadeado pela própria vítima ao agredir o arguido, em termos tais que o pôs a sangrar abundantemente da cabeça. V - Tendo tal incapacidade surgido apenas na data da prática dos factos, não havia...
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