Acórdão nº 97P659 de Supremo Tribunal Administrativo (Portugal), 22 de Outubro de 1997 (caso None)
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 22 de Outubro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: FIGUEIREDO DIAS IN CONSEQUÊNCIAS JURÍDICAS DO CRIME DPP PAG2.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: CP95 ART30 N2 ART71 ART72 N1 N2 ART77 N1 ART78 N5 ART79 ART272 N1 A.
Sumário : I - Para se poder falar em crime continuado exige-se, para além dos pressupostos indicados no artigo 30 n. 2 do CP, que as condutas do agente tenham ocorrido sob pressão de uma mesma circunstância exterior com influência, por forma considerável, na diminuição do juízo de censura ético- -jurídica. II - Não se verifica o crime continuado de incêndio previsto e punido no artigo 272 n. 1, alínea a), 2. parte, do CP (um cometido em 8 de Setembro de 1996 e o outro em 29 de Setembro de 1996 - quando da matéria de facto não resulta qualquer circunstância ou situação exterior que tenha facilitado a acção do arguido ou o tenha compelido à reiteração do seu comportamento criminoso, embora aquele - o arguido - haja alegado que o seu desígnio foi formado com base nas mesmas solicitações exteriores que não especificou, sendo que da factualidade apurada não se descortina algo que possa reconduzir-se à tal situação exterior prevista no artigo 30 n. 2 do CP. III - O crime continuado não conforma a...
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