Acórdão nº 039420 de Supremo Tribunal de Justiça (Portugal), 20 de Abril de 1988 (caso NULL)
| Magistrado Responsável | ALVES PEIXOTO |
| Data da Resolução | 20 de Abril de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP82 ART48 N2 ART72 N2 ART111 N3 ART142 N2 ART143 ART153 N1. L 16/86 DE 1986/06/11 ART13 N1. DL 402/82 DE 1982/09/23 ART14.
Sum·rio : I - A conduta (maus tratos fisicos a menor confiado a guarda do arguido) integra o crime continuado do artigo 142 n. 1 do Codigo Penal. II - Para a perseguiÁ„o deste crime carece o Ministerio Publico de legitimidade, visto n„o ter havido queixa de quem de direito. III - No caso as ofensas corporais, ou, se quizermos aos maus tratos fisicos na pessoa do menor acrescem os elementos especificos do n. 1 do artigo 153 do Codigo Penal (a menoridade de 16 anos do ofendido, a malvadez com que o reu actuou e a relaÁ„o de guarda que a ambos unia). IV - Movendo-se as instancias entre seis meses a seis anos de pris„o e 10 a 100 dias de multa...
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