Acórdão nº 038136 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1986 (caso NULL)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 18 de Fevereiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CP82 ART28 N1 ART165 ART166 ART423. DL 371/83 DE 1983/10/06 ART6.
Sumário : I - A instigação a corrupção, como crime autonomo, não foi acolhida no Codigo Penal de 1982. II - A corrupção activa (artigo 423) supõe, para a sua verificação, quer na forma consumada quer na forma tentada, a corrupção passiva, tal como no Codigo Penal de 1886. III - O artigo 6 do Decreto-Lei n. 371/83, de 6 de Outubro, analisa-se como uma disposição em contrario a que alude o artigo 23, n. 1, do Codigo Penal, significando apenas que, para a punição da tentativa de qualquer dos crimes previstos naquele diploma e nos previstos na secção I do Capitulo IV do titulo V do Livro II do Codigo Penal, quando existe ou se verifique nos seus elementos constitutivos, e irrelevante que a pena do crime consumado seja de limite inferior ao indicado no referido artigo 23, n. 1. IV - Quando a dadiva ou oferta do agente não encontra eco ou receptividade no funcionario, não e possivel ver em tal actuação uma tentativa punivel nem instigação a corrupção, figura que o Codigo...
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