Acórdão nº 51/17.6GAPPS.C1 de Court of Appeal of Coimbra (Portugal), 11 de Outubro de 2023
Magistrado Responsável | HELENA LAMAS |
Data da Resolução | 11 de Outubro de 2023 |
Emissor | Court of Appeal of Coimbra (Portugal) |
Acordam, em conferência, na 4ª secção Penal do Tribunal da Relação de Coimbra: I. RELATÓRIO 1.1. A decisão … foi indeferida a constituição como assistente de MAAVIM – Movimentos Associativos de Apoio às Vítimas dos Incêndios de Midões, por falta de legitimidade por não configurar a qualidade de ofendido.
1.2.O recurso 1.2.1. Das conclusões da requerente … MAAVIM – Movimentos Associativos de Apoio às Vítimas dos Incêndios de Midões interpôs recurso extraindo da respetiva motivação as seguintes conclusões (transcrição): 1. Face à pretensão da recorrente em se constituir assistente, foi proferido pela douta instância a quo, despacho de indeferimento, com fundamento no artigo 68º à contrario do CPP.
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Com efeito, o indeferimento supra versou sobre a não consideração da MAAVIM como a vítima ou como a proprietária dos bens visados pelos danos materiais.
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A par do indeferimento fundado no artigo 68º do CPP, pronunciou-se a douta instância a quo, pelo facto dos crimes imputados não se encontrarem comtemplados na categoria dos crimes ditos de acção popular o que seria, igualmente, causa e rejeição da constituição de assistente por parte da MAAVIM.
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Sucede, porém, que a faculdade de constituição de assistente não se esgota nos termos definidos no artigo 68º do CPP exaltando-se que, contrariamente ao entendimento aqui recorrido, o crime de incêndio pode ser subsumível ao...
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