Acórdão nº 97P079 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1997 (caso NULL)
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 11 de Junho de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART144 N2 ART260. CP95 ART2 N4 ART70 ART132 N2 F ART143 N1 ART146 N1 N2 ART275 N2. DL 207-A/75 DE 1975/04/17. DL 237/82 DE 1982/06/19 ARTÚNICO. DL 364/83 DE 1983/12/28 ART1 ART5.
Jurisprudência Nacional: AC STJ DE 1991/09/19 IN CJ ANOXVI T4 PAG25.
Sumário : I - As circunstâncias qualificativas do n. 2 do artigo 132 do CP não são de aplicação automática, sendo necessário um juízo de que as mesmas são susceptíveis de revelar especial censurabilidade ou perversidade do agente. II - Assim comete o crime de ofensas corporais simples previsto e punido pelo artigo 143 do CP o agente da PSP, na altura à civil que convencido de que o ofendido juntamente com outros...
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