Acórdão nº 96P165 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1996 (caso NULL)
Magistrado Responsável | ARAUJO DOS ANJOS |
Data da Resolução | 16 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. NEGADO PROVIMENTO.
Indicações Eventuais: MAIA GONÇALVES IN CPP 6ED PAG510. MAIA GONÇALVES IN CPP 8ED PAG179.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART201 N1 ART213 N1. CPP87 ART49 N1 N2 ART127 ART163 N1 ART374 N2 ART379 B ART410 N2 P.
Jurisprudência Nacional: AC STJ DE 1988/01/27 IN BMJ N373 PAG317. AC STJ DE 1993/02/25 IN BMJ N424 PAG535. AC STJ DE 1994/09/28 IN CJSTJ ANOII TIII PAG207. AC STJ PROC48307 DE 1995/10/26. AC STJ PROC48865 DE 1996/02/22. AC STJ PROC73/96 DE 1996/03/28.
Sumário : I - A vítima de uma agressão sexual apresenta queixa, para efeitos do artigo 49, n. 1, do Código de Processo Penal, quando dá conhecimento dos factos de que se tem por ofendida a uma entidade que tinha a obrigação legal de a transmitir ao titular da acção penal, nos termos do n. 2 do mesmo artigo. II - Pouco importa o sentido meramente literal dos termos empregues na queixa e que a queixosa tenha referido ter sido vítima de uma "tentativa de violação" quando os factos demonstram que o crime praticado é uma violação consumada. III - Ao Ministério Público e ao Juiz é que compete a...
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