Acórdão nº 041283 de Supremo Tribunal Administrativo (Portugal), 12 de Dezembro de 1990 (caso None)
Data | 12 Dezembro 1990 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
LegislaÁ„o Nacional: CPP87 ART163 ART374 N2 ART376 ART410 N2 ART426 ART433 ART436. CP82 ART14 ART31 N2 A ART32 ART131.
Sum·rio : I - O juizo sobre a intenÁ„o de matar n„o e um juizo tecnico, cientifico ou artistico, n„o e um juizo de tecnica medica apenas. Tal conclus„o ha-de derivar de dados varios conjugados com as regras da experiencia comum, que n„o e exclusiva ou tipica da medicina. II - Admitindo o relatorio da autopsia a existencia ou n„o existencia da intenÁ„o de matar os julgadores, tendo apreciado o conjunto das provas, podem decidir que n„o se provou a intenÁ„o de matar, sem que tal decis„o entre em contradiÁ„o ou divergencia com a prova pericial medica. III - Por isso, o colectivo n„o tinha de fundamentar a pretensa divergencia, n„o padecendo o acord„o de nulidade por falta de fundamentaÁ„o de facto nos termos dos artigos 374 n. 2 e 379 do Codigo de Processo Penal. IV - Agiu em legitima defesa a arguida que, - depois de a vitima, seu marido, embriagado, lhe ter desferido uma forte bordoada com o bord„o com que...
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