Acórdão nº 045869 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1994 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 02 de Março de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO. PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC PENAL.
LegislaÁ„o Nacional: CP82 ART27 ART28 ART48 ART71 ART72 ART78 ART163 N1 N2 ART201. CPP87 ART410 N2 B C. CPC67 ART514 N1.
JurisprudÍncia Nacional: AC STJ DE 1984/07/18 IN BMJ N339 PAG276. AC RC DE 1986/01/12 IN BMJ N354 PAG623.
Sum·rio : I - Na comparticipaÁ„o criminosa sob a forma de co-autoria s„o essenciais dois requisitos: uma decis„o conjunta, tendo em vista a obtenÁ„o de um determinado resultado e uma execuÁ„o igualmente conjunta. II - PorÈm, para que se verifique o primeiro requisito, de natureza subjectiva, È necess·rio que se prove que dois ou mais companheiros quiseram a execuÁ„o do mesmo crime, que fosse conseguido ou atingido um determinado resultado, qualquer que seja o meio para tanto ser conseguido. III - J· relativamente ‡ execuÁ„o propriamente dita, n„o È indispens·vel que cada um dos agentes intervenha em todos os actos a praticar para a obtenÁ„o do resultado desejado e pretendido, bastando que a actuaÁ„o de cada...
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