Acórdão nº 9940843 de Supremo Tribunal Administrativo (Portugal), 27 de Outubro de 1999 (caso None)
| Data | 27 Outubro 1999 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP95 ART129 ART131 ART133. CCIV66 ART483 N1 ART495 N1 ART496.
Sumário: I - O fundamento do homicídio privilegiado previsto e punido no artigo 133 do Código Penal reside na menor exigibilidade de um comportamento jurídico-penal conforme, por parte do arguido; assenta num quadro de exigibilidade diminuida que em concreto a lei consagrou. II - Provado que a vítima, depois de ter dito ao arguido " és um cuco, um corno, nem a mulher guardas ", empurrou este para o chão, tendo-lhe posto um joelho em cima da barriga e com uma pistola de defesa agrediu-o na cabeça, provocando-lhe equimoses e escoriações, após o que o arguido conseguiu retirar-se, voltando decorrido um lapso de tempo não apurado, munido de uma caçadeira devidamente registada, quando a vítima já abandonava o local, tendo disparado um tiro a uma distância não superior a 15 metros desta, atingindo-a no pescoço, provocando-lhe lesões determinantes necessariamente da sua morte, tendo agido com o propósito de lhe tirar a vida, tal factualidade integra o crime de homicídio previsto e punido pelo artigo 131 do Código Penal, e, considerando que o arguido é considerado no seu meio social uma " boa pessoa ", uma pessoa " respeitadora ", não lhe sendo conhecidos antecedentes criminais, mantendo com a vítima um bom relacionamento, mostra-se justificada a sua condenação na...
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