Acórdão nº 038256 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1986 (caso NULL)
Data | 02 Outubro 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM. CRIM C/PESSOAS / TEORIA GERAL.
LegislaÁ„o Nacional: CP82 ART2 N4 ART22 ART23 N2 ART32 ART33 N1 N2 ART35 N2 ART74 N1 A ART131. CP886 ART10 ART11 ART39 N17 ART46 PARUNICO ART55 N1 N2 ART84 ART104 N1 N2 ART105 ART349 ART350 ART351 N4 ART378. CCIV66 ART337 N2. CONST82 ART21. L 3/81 DE 1981/03/13. L 17/82 DE 1982/07/02.
Sum·rio : I - Comete um crime de homicidio voluntario, na forma frustrada ( a luz do Codigo Penal de 1886) quem, em Agosto de 1985: a) Dispara varios tiros com uma pistola contra dois individuos, atingindo-os no corpo, a uma distancia de 2 a 3 metros, representando as mortes destes como consequencia possivel da sua conduta e conformando-se com ela; b) N„o sobrevindo as mortes apenas porque os atingidos foram prontamente socorridos e sujeitos a tratamento medico adequado. II - Age com excesso de legitima defesa o autor dos factos descritos no ponto anterior quando: a) Anteriormente verberara o procedimento dos atingidos, que ofendiam corporalmente um terceiro; b) A agress„o terminara, entretanto, pela intervenÁ„o de um agente da autoridade; c) Seguidamente, o mesmo autor e ameaÁado e ofendido corporalmente pelos referidos agressores, desferindo esses pontapes contra a viatura do primeiro e contra ele proprio; d) Saindo este da viatura, munido de um tubo de ferro com o qual atinge corporalmente um dos citados agressores, sem lhe causar ferimentos, e desapossado desse instrumento pelo outro, sofre, a seguir, ofensa corporal com o mesmo instrumento, que lhe causa ferimentos; e) Afasta-se alguns metros sendo perseguido pelos dois agressores, empunha a pistola, faz os disparos que atingem corporalmente os perseguidores e e logo detido pelo agente da autoridade referido em b), auxiliado, nesse acto, por um seu colega que acabava de entrar de serviÁo; f) Sem, no entanto, escolher, de entre os varios meios...
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