Acórdão nº 048200 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1995 (caso NULL)
| Magistrado Responsável | HERCULANO LIMA |
| Data da Resolução | 05 de Julho de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL. ALTERADA A QUALIFICAÇÃO JURÍDICA.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART131 ART132 ART142 ART144 N1 ART145 N1.
Sumário : I - A representação do resultado da conduta constitui matéria de facto. II - Sem representação do resultado não existe dolo, em qualquer das suas formas - directo, necessário ou eventual. III - No crime de ofensas corporais agaravadas pelo resultado, este tem de ser imputado ao agente, ao menos a título de negligência; e, quanto mais grave é a ofensa corporal, mais grave é a omissão desse dever de diligência, pelo que a punição deva ser mais severa quanto mais grave é a ofensa corporal. IV - Quando o arguido, agindo de forma...
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