Acórdão nº 96P473 de Supremo Tribunal de Justiça (Portugal), 04 de Junho de 1996 (caso NULL)
Magistrado Responsável | NUNES DA CRUZ |
Data da Resolução | 04 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART297 N1 A N2 B C ART306 N1 N2 A N3 A B N5. CP95 ART30 N2 ART86 ART88 ART202 A ART204 N1 A ART210 N1 N2 B. CPP87 ART1 N1 G.
Jurisprudência Nacional: AC STJ DE 1983/04/14 IN BMJ N326 PAG322.
Sumário : I - O crime de roubo atinge bens juridicamente pessoais e não apenas bens patrimoniais. II - O crime de roubo é um crime em que é lesado não só o bem jurídico de carácter patrimonial, mas também o bem jurídico eminentemente pessoal. III - Os pressupostos do crime continuado são: a) realização plúrima do mesmo tipo legal de crime ou de vários tipos legais de crime que fundamentalmente protejam o mesmo bem jurídico; b) execução por forma essencialmente homogénea; c) certa proximidade ou conexão temporal das respectivas condutas; d) persistência de uma situação...
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