Acórdão nº 040378 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1990 (caso None)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 16 de Janeiro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP82 ART10 N2 N3 ART14 N3 ART26 ART72 ART131. CPP87 ART410. CPC67 ART712. DL 401/82 1982/09/23 ART4.
Sum·rio : I - Na co-autoria, cada um dos agentes responde pela totalidade do evento. II - Na actuaÁ„o simples paralela, por n„o haver qualquer acordo entre os agentes, ainda que tenham praticado actos dirigidos ao mesmo fim, cada autor so e responsavel pelo resultado a que a sua conduta individual deu lugar. III - Daqui derivam consequencias processuais dado ser necessario determinar os efeitos de cada uma das condutas, de harmonia com a teoria da causalidade adequada, acolhida expressamente no artigo 10, n. 2, do Codigo Penal. IV - Ha co-autoria material quando, embora n„o tenha havido acordo previo expresso, as circunstancias em que os arguidos actuaram indiciam um acordo tacito, assente na existencia da consequencia e vontade de colaboraÁ„o, aferidas aquelas a luz das regras da experiencia comum. V - Autor e cumplice constituem formas de participaÁ„o...
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