Acórdão nº 9840791 de Court of Appeal of Porto (Portugal), 16 de Dezembro de 1998
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 16 de Dezembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CPP87 ART71 ART377 N1. CCIV66 ART483.
Jurisprudência Nacional: AC STJ DE 1996/01/25 IN CJSTJ T1 ANOIV PAG190.
Sumário: I - O pedido de indemnização civil deduzido no processo penal deve ter como pressuposto a existência de um crime e, no caso de absolvição do arguido pelo crime, só haverá lugar a condenação em indemnização civil no caso de responsabilidade civil extra- -contratual - ilícito civil ou responsabilidade fundada no risco. O incumprimento puro e simples de um...
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