Acórdão nº 041832 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1991 (caso None)
Data | 24 Maio 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART22 ART23 ART74 ART131 ART132. CCIV66 ART493 ART496.
Sumário : O arguido, agente da PSP, que atingiu com um tiro a vitima no pescoço e numa das faces, desferido a curta distancia, cometeu o crime de homicidio tentado com dolo eventual, previsto e punido pelos artigos 131, 22, 23 e 74 do Codigo Penal e não o de homicidio qualificado, por motivo futil, previsto e punido pelo artigo 132 do mesmo Codigo, quando vem provado que o arguido agiu no exercicio das suas funções e que a vitima não so desobedeceu as suas ordens como pretendeu por-se em fuga, não obstante a ameaça da arma por parte do arguido; estes...
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