Acórdão nº 039307 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1988 (caso NULL)
Magistrado Responsável | ANTONIO POÇAS |
Data da Resolução | 27 de Janeiro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART31 N1 N2 A ART32 ART33 N1 N2 ART71 ART72 ART74 N1 A ART131 ART142. DL 184/72 DE 1972/05/31. CONST82 ART25. CP886 ART46 N1 N2 N3 PARUNICO.
Sumário : I - O conceito de legitima defesa definido no Codigo Penal de 1886 mantem-se fundamentalmente o mesmo no Codigo actual. II - O excesso de legitima defesa pressupõe os requisitos da legitima defesa, excedendo-se o reu nos meios. III - O excesso nos meios, agindo o reu voluntaria e conscientemente sabendo que a sua conduta não era permitida, embora para evitar continuar a ser agredido, e punivel nos termos do n. 1 do artigo 33 do Codigo Penal. IV - Deve ser condenado pelo crime de...
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