Acórdão nº 047799 de Supremo Tribunal Administrativo (Portugal), 03 de Maio de 1995 (caso None)
| Magistrado Responsável | HERCULANO LIMA |
| Data da Resolução | 03 de Maio de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART72 ART78 ART306 N1 N2 A N5 ART402 N2 A.
Sumário : I - Nos crimes de roubo praticados por três indivíduos que se diziam seropositivos e que exibiam uma seringa com a qual ameaçam picar os ofendidos, verifica-se uma autêntica violência moral, conhecido como é o pânico que gera a ameaça de contaminação do vírus da sida. Daí que o chamado "golpe da seringa" constitua actualmente um dos meios mais eficazes de levar a cabo actividades desta natureza. II - A sempre crescente proliferação da criminalidade desta natureza exige uma forte reprovação e uma reacção penal severa. III - A toxicodependência de quem rouba no intuito de alimentar o vício não constitui uma atenuante mas uma circunstância agravante, na medida em que revela grave falta para manter...
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