Acórdão nº 037420 de Supremo Tribunal Administrativo (Portugal), 18 de Julho de 1984 (caso None)
Magistrado Responsável | COSTA FERREIRA |
Data da Resolução | 18 de Julho de 1984 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART518. CP82 ART26 ART132 N1 N2 C ART260 ART297 N1 A N2 B ART306 N1 N3 A N5 ART384. CP886 ART20 ART186 N3 ART384 N1. L 3/81 DE 1981/03/13 ART2. L 17/82 DE 1982/07/02 ART5 N1 C D.
Sumário : I - Na comparticipação criminosa sob a forma de co-autoria são essenciais dois requisitos: uma decisão conjunta, tendo em vista a obtenção de um determinado resultado, e uma execução igualmente conjunta. II - Porem, para que se verifique o primeiro requisito, de natureza subjectiva, e necessario que se prove que os dois ou mais comparticipantes quiseram a execução do mesmo crime, que fosse conseguido ou atingido um determinado resultado, qualquer que seja o meio (e com a expressa anuencia a certo ou certos meios) para tanto ser conseguido. III - Ja relativamente a execução propriamente dita, não e indispensavel que cada um dos agentes intervenha em todos os actos a praticar para a obtenção do resultado desejado e pretendido...
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