Acórdão nº 045549 de Supremo Tribunal Administrativo (Portugal), 17 de Novembro de 1993
Magistrado Responsável | SILVA REIS |
Data da Resolução | 17 de Novembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART403 N1 N2 B ART433. L 38/87 DE 1987/12/23 ART29. CP82 ART30 N2 ART48 ART72 ART73 N1 N2 ART78 N5 ART296 ART297 N2 H ART306 N1 N2 A N3 B N5 ART329 N1. DL 401/82 DE 1982/09/23 ART1 N2 ART4.
Jurisprudência Nacional: AC STJ PROC41694 DE 1991/03/13. AC STJ DE 1960/02/14 IN BMJ N102 PA253. AC STJ DE 1962/01/10 IN BMJ N113 PAG265. AC STJ DE 1964/02/26 IN BMJ N134 PAG365. AC STJ DE 1970/04/01 IN BMJ N196 PAG181. AC STJ DE 1971/03/03 IN BMJ N205 PAG123. AC STJ DE 1977/10/26 IN BMJ N270 PAG75. AC STJ DE 1981/02/11 IN BMJ N304 PAG245.
Sumário : I - O âmbito de um recurso é dado pelas conclusões extraídas pelo recorrente da respectiva motivação. II - O crime de roubo é um crime complexo, na medida em que o seu autor viola não só um bem jurídico de carácter patrimonial, mas ainda um bem jurídico eminentemente pessoal, na parte em que se põe em causa a liberdade, integridade física ou até a própria vida da pessoa do ofendido. III - Cometido tal crime por um determinado agente relativamente a várias pessoas, são-lhe imputáveis tantos crimes dessa espécie quantas as pessoas ofendidas. IV - Ainda que, no crime de roubo existam os pressupostos do crime continuado não se pode falar em tal instituição jurídica quando houver diversidade de sujeitos ofendidos. V - A figura do crime continuado consagrada na lei penal constitui uma restrição ao concurso ou pluralidade de infracções e tem como pressupostos essenciais, cuja verificação cumulativa se exige para que se possa considerar: realização plúrrima...
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