Acórdão nº 043031 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1993 (caso NULL)
Magistrado Responsável | SOUSA GUEDES |
Data da Resolução | 18 de Fevereiro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART22 N1 N2 B ART23 N2 ART72 ART74 N1 A ART131 ART142 ART143 ART144 N2. CPP87 ART410 N2 C. L 43/86 DE 1986/09/26 ART2 N2. L 23/91 DE 1991/07/04 ART1 A ART14 N1 B.
Sumário : I - Constitui-se autor material de um crime de homicídio na forma tentada, previsto e punido pelos artigos 131, 22 n. 1 e n. 2 alínea b), 23 n. 2 e 74 n. 1 alínea a) do Código Penal, o arguido que, livre e conscientemente, agrediu o ofendido, com a parte metálica de uma enxada, na cabeça e nos membros superiores, com intenção de o matar, causando-lhe graves lesões que só não determinaram a sua morte por motivos alheios à vontade do agente. II - A legítima defesa só poderá operar se se provarem, as circunstâncias previstas no artigo 32 do Código Penal, nomeadamente que a agressão do arguido era necessária para repelir outra agressão actual e ilícita na sua pessoa. III - Provando-se apenas que o arguido atingiu o outro na região temporo-parietal, de...
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