Acórdão nº 045390 de Supremo Tribunal Administrativo (Portugal), 09 de Fevereiro de 1994 (caso None)
| Data | 09 Fevereiro 1994 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART410 N2 N3 ART433. CP82 ART72 N1 ART74 N1 B ART297 N2 C H ART306 N1 N3 B N5. DL 401/82 DE 1982/09/23 ART4 ART6 N1.
Sumário : I - O tribunal pode lançar mão do disposto no Decreto-Lei 401/82 (regime especial penal para jovens delinquentes), no sentido de atenuar especialmente a pena desde que esteja convicto de que aquela medida trás vantagens para a reinserção social do jovem delinquente. II - O crime de roubo mais não é que um crime de furto qualificado pela existência (elemento típico) de violência directa contra, pessoa, ou seja, a pessoa ofendida, violência que pode ser física ou moral, circunstancial também em colocação do ofendido em responsabilidade de resistir. E este elemento pessoalmente...
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