Acórdão nº 039994 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1989 (caso NULL)
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 26 de Abril de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP82 ART22 ART23 ART48 ART72 ART74 N1 ART131 ART132 N1 N2 C F G.
Sum·rio : I - Pratica um crime de homicidio qualificado, previsto e punido pelos artigos 131, 132, ns. 1 e 2, alineas c), f) e g), 22, 23 e 74, n. 1, alinea a), todos do Codigo Penal, o arguido que, apenas por se ter envolvido momentos antes numa desordem sem consequencias palpaveis, e ja terminada, e depois de receber voz de pris„o, e enquanto os guardas da Policia de SeguranÁa Publica algemavam o outro interveniente, entrou num snack-bar para de la trazer uma faca de cozinha e, voltando a rua, desferir com ela repentinamente um golpe nas costas daquele, ja algemado, sem que ele se pudesse aperceber da sua intenÁ„o. II - As circunstancias enumeradas no artigo 132, n. 2, do Codigo Penal, porque se referem a culpa, n„o sendo elementos do tipo de crime, n„o s„o de funcionamento automatico, podendo verificar-se sem que contudo se conclua necessariamente pela especial censurabilidade ou perversidade; como...
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