Acórdão nº 046182 de Supremo Tribunal de Justiça (Portugal), 21 de Setembro de 1994 (caso NULL)
| Magistrado Responsável | TEIXEIRA DO CARMO |
| Data da Resolução | 21 de Setembro de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART22 ART23 ART30 N1 N2 ART74 ART78 ART79 ART296 ART297 N2 D. CPP87 ART410 N2 ART433. L 38/87 DE 1987/12/23 ART29. L 15/94 DE 1994/05/11.
Jurisprudência Nacional: AC STJ DE 1983/01/26 IN BMJ N323 PAG208. AC STJ DE 1983/04/14 IN BMJ N326 PAG322.
Sumário : I - No crime continuado está ínsita a realidade do "sucumbir no repetir". II - São seus pressupostos: a) - realização plúrima do mesmo tipo de crime, ou vários tipos que protejam fundamentalmente o mesmo bem jurídico; b) - homogeneidade na forma de execução (unidade do injusto objectivo da acção); c) - lesão do mesmo bem jurídico; d) - unidade do dolo (unidade do injusto pessoal da acção, isto é, as diversas resoluções...
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