Acórdão nº 036412 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1982
| Magistrado Responsável | COSTA FERREIRA |
| Data da Resolução | 27 de Janeiro de 1982 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR CRIM - TEORIA GERAL. DIR JUDIC - CONFLITOS. DIR MIL - CRIM MIL.
Legislação Nacional: CJM77 ART56 - ART205 ART217 ART218 ART309 ART313. CP886 ART18 ART299.
Jurisprudência Nacional: AC STJ DE 1979/10/03 IN BMJ N290 PAG241. AC STJ DE 1980/12/10 IN BMJ N302 PAG203. AC STJ PROC36018 DE 1980/11/11.
Sumário : I - A natureza essencialmente militar de um crime pode deduzir-se não apenas do interesse violado ou ofendido, mas tambem da especial qualidade do agente e ate da propria natureza da sanção correspondente. II - Os crimes essencialmente militares podem ser cometidos ou ter como agentes, alem de outros, o pessoal militar ou civil pertencente ao Exercito e as forças militarizadas, bem como quaisquer civis integrados nas forças armadas - artigo 313 do Codigo de Justiça Militar. III - Os agentes da Policia de Segurança Publica - como os da Guarda Nacional Republicana e...
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