Acórdão nº 9811002 de Court of Appeal of Porto (Portugal), 20 de Janeiro de 1999 (caso NULL)
| Data | 20 Janeiro 1999 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO. REENVIO DO PROCESSO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP95 ART181 ART186 N2 N3. CPP87 ART127.
Jurisprudência Nacional: AC RC DE 1985/05/29 IN BMJ N347 PAG468.
Sumário: I - O facto de o arguido, ao dirigir-se à assistente, ter-lhe dito " essa puta velha fodo-a ", querendo responder a uma outra ofensa provocatória desta (" animus retorquondi "), não exclui, só por si, a existência de dolo. II - Dando-se como provado que o arguido, ao proferir aquela expressão, não teve como fim ou motivo ajuizar da dignidade da assistente, isso não é suficiente para afastar o elemento...
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