Acórdão nº 039153 de Supremo Tribunal Administrativo (Portugal), 28 de Outubro de 1987 (caso None)
| Magistrado Responsável | ALVES PEIXOTO |
| Data da Resolução | 28 de Outubro de 1987 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP886 ART396. CP82 ART22 ART24 ART26 ART27 ART28 N1 ART30 N1 ART107 N1 ART109 N2 ART160 N2 B F G ART163 N2 ART201 N4 ART205 N1 N3 ART208 N1 B. CPP29 ART447 ART667 PAR1 N1. L 16/86 DE 1986/06/11 ART13.
Jurisprudência Nacional: AC STJ DE 1966/02/23 IN BMJ N154 PAG198. AC STJ DE 1967/03/08 IN BMJ N165 PAG234. AC STJ DE 1967/04/07 IN BMJ N166 PAG269.
Sumário : I - Cai no artigo 163 n. 2 a conduta de quem, por motivos libidinosos, atrai uma menor de 16 anos, dizendo que dela precisava para serviços domesticos e prometendo-lhe choruda remuneração. II - A astucia ou a violencia não fazem objecto dessa infracção, assim como e hoje indiferente que a ofendida esteja sob tutela no lugar donde foi retirada. III - O cumplice apenas auxilia, o co-autor executa, ao menos em parte. IV - Hoje, para efeitos do artigo 201 n. 1, e preciso que a...
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