Acórdão nº 96P712 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1997
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 30 de Janeiro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A QUALIFICAÇÃO JURÍDICA.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART205 N2 N3 ART210 N2. CP95 ART165 ART172.
Sumário : I - Para o Código de 1995 - artigo 172 - não podem deixar de ser considerados actos sexuais de relevo beijar na boca uma menor de 9 anos e passar-lhe a mão pelas pernas e pelos orgãos sexuais, com fins libidinosos. II - Os actos de encosto do pénis à vulva da menor de 9 anos, com posterior emissão de sémen sobre a mesma vulva e sobre o corpo da ofendida, integram a autoria do crime de abuso sexual de pessoa incapaz de resistência, do artigo 165 do mesmo...
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