Acórdão nº 038940 de Supremo Tribunal Administrativo (Portugal), 13 de Maio de 1987 (caso None)
Data | 13 Maio 1987 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART131 ART132 N2 E ART176 N2 ART260 ART297 N2 H ART306 N3 A N5 ART307. DL 207-A/75 DE 1975/04/17 ART3 N1 A. CPP29 ART663. DL 264-B/81 DE 1981/09/03 ART43 ART48 N1 B C.
Sumário : I - Os reus agiram com dolo eventual se, ja no interior da casa onde procuravam "objectos de que se pudessem apoderar", ao serem surpreendidos pelo dono da habitação, um deles disparou para o abdomen da vitima a fim de evitar que ele e o comparsa fossem presos e punidos, sem que nenhum deles tenha querido matar o visado (dolo directo), ou sequer se lhes representando tal evento como consequencia inevitavel do disparo (dolo necessario) - pretendiam, sim, por-se em fuga, como puseram, furtando-se a detenção, com o que a morte da vitima se lhes deparou como possivel e nessa perspectiva actuaram, conformando-se com esse resultado (dolo eventual). II - Sendo assim, a morte não teve em vista, no plano dos reus, o encobrimento de outro crime [artigo 132, n. 2, alinea e)], mas facilitar-lhes a fuga, sucedendo, então, que a modalidade menos significativa do elemento volitivo do dolo não consente, sem mais, concluir que o homicidio foi causado em circunstancias que revelam especial censurabilidade ou perversidade dos agentes, pelo que a sua...
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