Acórdão nº 042116 de Supremo Tribunal de Justiça (Portugal), 16 de Outubro de 1991 (caso NULL)
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 16 de Outubro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP82 ART132 N1 N2.
JurisprudÍncia Nacional: AC STJ PROC40901 DE 1990/06/06.
Sum·rio : I - As circunst‚ncias referidas no artigo 132, n. 2 do CÛdigo Penal, n„o s„o elementos do tipo da culpa, e, por isso, n„o funcionam automaticamente, sendo meramente exemplificativas. II - Pode bem acontecer que num caso concreto se verifique alguma ou algumas dessas circunst‚ncias e, apesar disso, o crime n„o deva ser julgado qualificado; o essencial È que a conduta, analisada no seu conjunto, deva merecer um apreci·vel...
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