Acórdão nº 045047 de Supremo Tribunal de Justiça (Portugal), 21 de Outubro de 1993 (caso NULL)
| Magistrado Responsável | SOUSA GUEDES |
| Data da Resolução | 21 de Outubro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART34 PAR2 ART525. CP82 ART14 N3 ART32 ART33 ART72 N1 ART73 N1 N2 B D ART74 N1 A ART131.
Sumário : I - De acordo com o disposto no Código de Processo Penal de 1929, o recurso da decisão do júri é restrito à matéria de direito - artigo 525 - e dominado pelo princípio do conhecimento amplo de todas as questões, no referido âmbito. II - Mostra-se adequada a atenuação especial da pena prevista nos artigos 73, ns. 1 e 2, b) e d) e 74, n. 1, a) do Código Penal, se a actuação do réu, ao disparar um tiro de pistola sobre a vítima, foi precedido de provocação por parte desta, e decorreu muito tempo sobre os factos (seis anos e meio)...
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