Acórdão nº 042059 de Supremo Tribunal Administrativo (Portugal), 14 de Novembro de 1991 (caso None)
| Magistrado Responsável | CERQUEIRA VAHIA |
| Data da Resolução | 14 de Novembro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: L 19/86 DE 1986/07/19 ART1 N1 ART2 N1. CP82 ART14 N1 ART48 ART53 ART72 N1 N2 ART73 ART74 N2. DL 401/82 DE 1982/09/23 ART1 N1 N2 ART4 ART5 ART6. L 23/91 DE 1991/07/04.
Jurisprudência Nacional: AC RE DE 1984/06/19 IN CJ ANOIX T3 PAG356. AC STJ DE 1988/04/08 IN BMJ N366 PAG280.
Sumário : I - Age com dolo (directo) quem, representando-se num facto que preenche um tipo de crime, actua com intenção de o realizar. II - Se a jovem com 16 anos e menos de 21 à data da prática do crime foi aplicável pena de prisão, deve o juiz atenuar especialmente a pena quando tiver sérias razões para crer que da atenuação resultem vantagens para a reinserção social da jovem delinquente III - A atenuação especial da pena, segundo o n. 2 do artigo 74 do Código Penal, não...
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