Acórdão nº 043220 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1993 (caso None)
Magistrado Responsável | COELHO VENTURA |
Data da Resolução | 18 de Fevereiro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART374 N2 ART380 N1 B N2. CP82 ART72 ART131 ART132 N1 N2 A C.
Sumário : I - Comprovando-se por certidão de nascimento que a vítima tinha, à data da morte, 14 anos de idade e dizendo-se no acórdão que tinha, naquela data, 13 anos, há erro material que pode ser oficiosamente corrigido ao abrigo do artigo 380 n. 1 alínea b) e n. 2 do Código de Processo Penal, não importando tal correcção modificação essencial no decidido no tribunal "a quo". II - Comete o crime de homicídio qualificado por motivo fútil previsto e punido pelos artigos 131 e 132 ns. 1 e 2 alíneas a) e c) do Código Penal, o arguido que, após uma discussão violenta, com sua filha de 14 anos de idade, motivada por ingestão de bebidas alcoólicas, e esta ter fugido da cozinha para não ser agredida, descido as escadas da casa, atravessado um pequeno pátio e se ter escondido atrás de um portão, foi buscar uma espingarda caçadeira e atirou...
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