Acórdão nº 047566 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1995 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 02 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIM”NIO.
LegislaÁ„o Nacional: CP82 ART86 ART88 ART131 ART132 N1 N2 C E F ART296 ART297 N2 B C ART306. L 15/94 DE 1994/05/11 ART9 N1.
Sum·rio : I - Provado que o arguido agiu volunt·ria e conscientemente, com o propÛsito de matar a vÌtima, e que previu e desejou esse resultado e, ao mesmo tempo, n„o tendo ficado provado que o arguido n„o tivesse agido de forma deliberada, consciente e livre ao matar, h· que concluir pela improcedÍncia do recurso nas partes respeitantes ‡ discord‚ncia do arguido quanto aos aspectos da intenÁ„o ou na intenÁ„o de matar e voluntariedade dos actos por si praticados. II - A subtracÁ„o de dinheiro feita pelo arguido, que numa primeira an·lise pareceria corresponder a uma cl·ssica actuaÁ„o de roubo (subtracÁ„o de bens com violÍncia contra as pessoas), n„o pode ser enquadrada nessa figura, por o artigo 306 do C.P. ter deixado de considerar como conducente ‡ comiss„o do crime de roubo a...
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