Acórdão nº 039693 de Supremo Tribunal Administrativo (Portugal), 26 de Outubro de 1988 (caso None)
| Magistrado Responsável | MANSO PRETO |
| Data da Resolução | 26 de Outubro de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART65 ART72 ART131 ART133. CPP29 ART447 ART665. CPP87 ART359 N1. CE54 ART46 N2 C. CONST82 ART30 N1.
Sumário : I - Quando a matéria de facto constante da acusação e da pronúncia não for idónea juridicamente a integrar o crime de homicídio privilegiado previsto e punido no artigo 133 do Código Penal de 1982 em virtude da provocação da vítima não caracterizar os efeitos nesse artigo indicados, o tribunal da condenação pode convolar a acusação para o crime mais grave de homicídio simples, nos termos do artigo 447 do Código de Processo Penal de 1929, dado que de simples enquadramento jurídico se trata. II - A circunstância de o Colectivo não ter dado como provada a forte exaltação do réu em face das sérias ameaças...
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