Acórdão nº 044602 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1993 (caso None)
Magistrado Responsável | TEIXEIRA DO CARMO |
Data da Resolução | 07 de Julho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/SOCIEDADE / CRIM C/PATRIMONIO.
Legislação Nacional: CPP87 ART358 ART359. CP82 ART72 ART78 N1 N2 ART131 ART132 N1 N2 E ART260 ART296 ART297 N1 G N2 C ART304 N1 ART306 N1 N2 A N5. CE54 ART46.
Jurisprudência Nacional: ASS STJ 2/93 DE 1993/01/27 IN DR IS 1993/03/10.
Sumário : I - Para os fins dos artigos 1 alinea f), 120, 284 n. 1, 303 n. 3, 309 n. 2, 359 n. 1 e 2 e 379 alinea b) do Código do Processo Penal, não constitui alteração substancial dos factos descritos na acusação ou na pronuncia a simples alteração da respectiva qualificação jurídica, ainda que se traduza na submissão de tais factos a uma figura criminal mais grave, como se decidiu no Assento 2/93 de 27 de Janeiro de 1993. II - Provado apenas que o arguido utilizou uma "faca de cozinha", fica-se sem se saber, de forma irremediável, as caracteristicas dessa faca e, portanto, se cabe na previsão do artigo 260 do Código Penal. III - Tendo o arguido esfaqueado a vitíma, acabando por eliminá-la, tirando-lhe intencionalmente a vida, utilizando uma "faca de cozinha" que detinha e transportava consigo, sendo seu propósito efectuar assaltos para obter dinheiro, e tendo no caso, banida toda e qualquer resistência da vitíma, passado busca ao veículo...
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