Acórdão nº 9150490 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1992
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 26 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR PROC PENAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: D 45266 DE 1963/09/23 ART94. CCIV66 ART562. CPC67 ART715. L 28/84 DE 1984/08/14 ART16. CPP87 ART4 ART74 ART122 N3 ART374 N2 N3 B ART379 A ART403 N1 N2 A ART410 N3 ART414. DL 132/88 DE 1988/04/20 ART8. DL 59/89 DE 1989/02/22 ART2 N2.
Sumário: I - Em processo comum por homicídio involuntário, em que o Centro Nacional de Pensões deduziu oportunamente pedido de reembolso de prestações de assistência social, a sentença enferma de nulidade por não ter feito qualquer referência a esse pedido, não enumerando, a esse respeito, os factos provados e não provados, e omitindo a pertinente decisão condenatória ou absolutória ( cf. artigos 374 nºs. 2 e 3 alínea b) e 379 alínea a) do Código de Processo Penal ). II - Porém, razões de economia processual que estão na base do disposto no artigo 715 do Código de Processo Civil ( o tribunal de recurso que declare nula a sentença proferida em primeira instância não deixará de conhecer do objecto da apelação ), impõem que se...
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