Acórdão nº 042243 de Supremo Tribunal de Justiça (Portugal), 08 de Janeiro de 1992 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 08 de Janeiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL.
Legislação Nacional: CP82 ART1 ART72 N1 N2 C ART88 ART297 N2 H N3 ART303 N1 ART306 N1 N5 ART309 ART358 ART359. CCIV66 ART9. CPP87 ART1 A ART283 N3 A B ART313 N1 A. L 23/91 DE 1991/07/04 ART14 ART15.
Jurisprudência Nacional: AC STJ DE 1991/01/16 IN CJ ANOXVI T1 PAG5. AC STJ DE 1989/01/13 IN BMJ N383 PAG258. AC STJ DE 1983/04/14 IN BMJ N326 PAG322. AC STJ DE 1987/06/11 IN TJ N31 PAG30.
Sumário : I - A alteração substancial dos factos so pode ter lugar quando ha um acrescimo de factos aos que constavam da acusação ou da pronuncia e não ja quando aqueles merecem um diverso enquadramento juridico-penal, mesmo que mais gravoso, ou quando ate nem esse enquadramento teve lugar. II - Não houve, assim, qualquer alteração substancial dos factos quando na decisão recorrida se considerou concorrente a qualificação da alinea h) do n. 2 do artigo 297 do Codigo Penal, visto a pratica dos roubos por duas pessoas constar da acusação, agravante esta que, so porque existe, logo inculca um maior grau de culpa e, portanto, de maior censurabilidade. III - A subtracção de bens atraves de esticão e acto de violencia susceptivel de integrar o crime de roubo. IV - Sendo embora admissivel a continuação criminosa no caso de pluralidade de sujeitos passivos...
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