Acórdão nº 040096 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1989 (caso NULL)
Data | 05 Julho 1989 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO.
LegislaÁ„o Nacional: CP82 ART22 N1 ART48 ART77 N1 ART296 ART297.
Sum·rio : I - a) A tentativa n„o constitui um tipo independente de crime, mas antes um tipo dependente, dado que os seus elementos n„o se podem compreender por si mesmos, devendo ser referidos ao tipo de uma determinada forma de delito; b) N„o e necessaria a consumaÁ„o do crime de furto que o agente tenha o objecto furtado em pleno sossego ou em estado de tranquilidade, pelo que o arguido que chegou a apropriar-se dos objectos subtraidos colocando-os dentro de um saco e que depois foi interpelado por agentes da autoridade, comete um crime de furto na forma consumada. II - A pena de dois anos e seis meses de pris„o aplicada ao arguido, mostra-se ajustada, tendo em conta que se trata de um crime de furto qualificado, previsto no artigo 297 do Codigo Penal, com a agravante da reincidencia, e com as seguintes atenuantes: confiss„o, recuperaÁ„o...
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