Acórdão nº 048328 de Supremo Tribunal de Justiça (Portugal), 25 de Setembro de 1996 (caso NULL)
| Magistrado Responsável | EMANUEL DIAS |
| Data da Resolução | 25 de Setembro 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/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART30 N2 ART48 N2 ART71 ART72 ART78 N5 ART202 N2. CP95 ART2 N3 N4 ART30 N2 ART79 ART172 N1. CPP87 ART131 N2 N3 ART133 N1 C ART134 N1 A N2 ART409 N1 ART410 N2 B C N3 ART433. L 15/94 DE 1994/05/11 ART8 N1 D ART11.
Sumário : I - Comete o crime continuado de violação previsto e punido pelos artigos 202 n. 2, 30 n. 2 e 78 n. 5 todos do Código Penal de 1982 - hoje crime continuado de abuso sexual de crianças previsto e punido pelos artigos 172 n. 1, 30 n. 2, e 79 do Código Penal de 1995 - o arguido que, num curto espaço de tempo, acariciou por diversas vezes uma menor de 13 anos, apesar de saber a sua idade, com ela mantendo mais de uma vez relações de sexo. II - Os vícios do artigo 410 n. 2, do Código de Processo Penal têm de resultar do texto da decisão recorrida por si só ou conjugada com as regras da experiência comum. III - Não há violação do...
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