Acórdão nº 039406 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1988 (caso NULL)
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 02 de Março 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 ART22 ART72 ART73 N2 B D ART74 N1 ART131. CP886 ART10 ART11 N1 ART91 N1 ART104 N1 ART105 ART349.
Sum·rio : I - Ocorridos os factos na vigencia do Codigo Penal de 1886, bem foram eles pela RelaÁ„o levados a conta do artigo 11 referido ao artigo 349 (tentativa de homicidio), por o agente, embora com intenÁ„o de matar e a circunstancia suspensiva independente da sua vontade, n„o ter praticado todos os actos de execuÁ„o que deveriam ter como resultado o crime consumado (falta o mortal); apenas comeÁou com o primeiro golpe, o qual se n„o apresentou com essa eficiencia. II - A pena seria ali a de 10 a 16 anos de pris„o e a de 2 a 10 anos e 8 meses, no regime vigente. E este o mais favoravel concretamente e, portanto, o aplicavel. III - Nenhuma das atenuantes diminui de forma acentuada a ilicitude ou a culpa, nomeadamente, a...
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