Acórdão nº 045876 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1994 (caso NULL)
Magistrado Responsável | CARDOSO BASTOS |
Data da Resolução | 06 de Janeiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP29 ART433. CP82 ART91 N2 ART92 N1 N2 ART93 N1 N2. CCIV66 ART489 N2.
Sumário : I - Quando o facto praticado por inimputável, consista em homícidio e existam razões para recear face à sua psicose esquizofrénica de tipo paranóide a prática de outros factos da mesma natureza e gravidade, o internamento terá a duração mínima de 3 anos. II - O internamento findará quando o tribunal verifique que cessou o estado de perigosidade criminal que lhe deu origem. III - No primeiro internamento o período máximo de duração faz-se por referência à pena abstracta que caberia ao agente se fosse imputável. Esta duração máxima da medida não...
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