Acórdão nº 042205 de Supremo Tribunal de Justiça (Portugal), 08 de Janeiro de 1992 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 08 de Janeiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART410. CP82 ART9 ART26 ART27 ART72 ART131 ART132 N1 N2 F G ART133 ART134 ART135. DL 401/82 DE 1982/09/23 ART4.
Sumário : I - O "pacto de suicidio" invocado pelo arguido, mesmo que viesse provado, seria sempre irrelevante porque a intervenção activa e exclusiva, causadora da morte de outrem, ainda que em resultado de um pacto dessa natureza, não e enquadravel na figura do incitamento ou ajuda ao suicidio do artigo 135 do Codigo Penal. II - O recurso a uma faca com a qual se apunhala alguem no decurso de uma relação intima é, em regra, correspondente a utilização de um meio que se deve considerar insidioso. Porem, a utilização da faca nas circunstancias descritas no caso dos autos, seguida de uma seria tentativa de suicidio por parte do agente, não motivada pelo receio de castigo pelo mal feito, mas por manifesto e anterior desespero passional e emocional do agente, não se enquadra na previsão da alinea f) do n. 2 do artigo 132 do Codigo Penal, por não ser indice revelador de maior censurabilidade ou...
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