Acórdão nº 048856 de Supremo Tribunal de Justiça (Portugal), 28 de Fevereiro de 1996 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 28 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PATRIM”NIO.
LegislaÁ„o Nacional: CPP87 ART410 N2. CP82 ART22 ART23 N3 ART48 ART72 ART176 N2 ART297 N1 N2 D. CP95 ART2 N4 ART50 ART77 ART190 N3 ART198 ART204 N2 E.
JurisprudÍncia Nacional: AC STJ PROC46987 DE 1995/06/07.
Sum·rio : I - Para a punibilidade da tentativa h· que considerar o car·cter externo e a sua apreensibilidade para a generalidade das pessoas e que o juÌzo sobre a existÍncia ou inexistÍncia do objecto, tem que ser, em primeiro lugar, um juÌzo objectivo, pelo que n„o revela aquilo que o agente considera existente ou inexistente. II - Todavia, tem de fazer-se apelo, neste ponto, a uma ideia de normalidade, segundo as aparÍncias, que se baseia num juÌzo de prognose pÛstuma. III - O direito penal, ao visar primacialmente a protecÁ„o de bens jurÌdicos precipitados no tipo legal n„o pode esquecer, do mesmo passo, que a norma incriminadora, na sua dimens„o de determinaÁ„o, tambÈm proibe as condutas que levam ‡ violaÁ„o ou perigo de violaÁ„o desses bens jurÌdicos. IV - Por...
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