Acórdão nº 038024 de Supremo Tribunal Administrativo (Portugal), 04 de Dezembro de 1985 (caso None)
Magistrado Responsável | PEREIRA LEITÃO |
Data da Resolução | 04 de Dezembro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART2 N4 ART22 N1 ART23 N2 ART74 N1 A ART131 ART260. CONST82 ART29 N4. CP886 ART34 ART39 ART55 N2 N3 ART94 N1 ART102 ART104 N1 ART349 ART350. CCIV66 ART130. DL 401/82 DE 1982/09/23 ART4. DL 207-A/75 DE 1975/04/17 ART3 N1 F ART4 N1. DL 400/82 DE 1982/09/23 ART6. CPP29 ART667 PAR1 N2.
Jurisprudência Nacional: AC STJ DE 1984/07/10 IN BMJ N339 PAG233.
Sumário : I - Comete o crime de homicídio voluntário na forma de frustrado, nos termos do velho Código Penal, e de tentado, segundo actual Código, aquele que, munido com uma arma branca de detenção proibida, vibra noutrem vários golpes que só não o mataram por ter sido prontamente assistido cirurgicamente. II - Tendo aquele crime sido cometido no domínio do Código Penal antigo e, tendo, entretanto, entrado em vigor um novo, há que aplicar ao arguido este último dado que constitui, relativamente ao Código velho, um regime concretamente mais favorável. III - A atenuação especial da pena só pode ser decretada quando existam circunstâncias que diminuam consideravelmente a ilicitude do facto ou a culpa do...
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