Acórdão nº 047149 de Supremo Tribunal de Justiça (Portugal), 01 de Fevereiro de 1996 (caso NULL)
| Magistrado Responsável | SA FERREIRA |
| Data da Resolução | 01 de Fevereiro de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CAV FERREIRA IN LIÇÕES DE DIR PENAL PARTE GERAL VOLI 1992 PAG529 PAG552.
Área Temática: DIR CRIM - CRIM C/PROPRIEDADE / TEORIA GERAL.
Legislação Nacional: CP82 ART2 N4 ART30 N1 N2 ART228 N1 A N2 ART313. DL 48/95 DE 1995/03/15. CP95 ART2 N4 ART40 N1 ART43 N1 ART70 ART217 N1 N2 ART256 N3. L 23/91 DE 1991/07/04. L 15/94 DE 1994/05/11.
Jurisprudência Nacional: ASS STJ DE 1992/02/19 IN DR IS-A DE 1992/04/09. AC STJ DE 1998/02/24 IN BMJ N374 PAG222. AC STJ DE 1992/01/22 IN BMJ N413 PAG217.
Sumário : I - Nem sempre existe concurso aparente quando se comete um crime através da realização de outro crime, como sucede nos casos de introdução em casa alheia com fins de roubo ou furto, ou de ofensas corporais para violação ou rapto. II - Nestes casos, existe concurso real, já que está em causa a diversidade de valores jurídicos violados através da acção e não a própria acção em si mesma. III - Por...
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