Acórdão nº 96P183 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1996 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 28 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR CIV - DIR RESP CIV. DIR CONST - DIR FUND.
Legislação Nacional: CP82 ART72 N1 N2. CCIV66 ARRT483 N1 ART496 N1 N2 ART564 N1. CONST89 ART24 N1.
Jurisprudência Nacional: AC STJ DE 1988/01/13 IN BMJ N373 PAG286. AC STJ DE 1991/11/13 IN BMJ N411 PAG231. AC STJ DE 1994/04/11 IN CJSTJ 1994 T3 PAG89.
Sumário : I - O Tribunal atenua especialmente a pena - fora dos casos previstos na lei - quando houver circunstâncias anteriores ou posteriores ao crime, ou contemporâneas dele, que diminuam por forma acentuada a ilicitude do facto, a culpa do agente ou a necessidade da pena (artigo 72, n. 1 do Código Penal). II - Para que se possa considerar a eventualidade da atenuação especial da pena é indispensável a existência de uma relação de proporcionalidade entre o acto provocador e a reacção do provocado. III - Um crime doloso de homicídio é sempre um ilícito muito grave; mas a circunstância inesperada da existência de uma segunda arma de fogo...
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