Acórdão nº 036862 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1983 (caso NULL)
| Magistrado Responsável | JOSE LUIS PEREIRA |
| Data da Resolução | 09 de Fevereiro de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIMONIO.
LegislaÁ„o Nacional: CP886 ART39 N20 N23 ART94 N1 ART104 N1 ART105 ART421 N4 ART426 N2 N4 ART428 PARUNICO. L 17/82 DE 1982/07/02 ART5 N1 F. CP82 ART2 ART297.
Sum·rio : I - Verifica-se a unidade criminosa quando os agentes conseguiram consumar a subtracÁ„o de alguns dos objectos que constituiam recheio de uma casa assaltada e viram interrompida a tentativa de subtracÁ„o de outros: com efeito, embora n„o tenham conseguido alcanÁar todo o resultado pretendido, eles quiseram cometer um so crime e, na mesma ocasi„o, infrigiram o mesmo preceito, ainda que sob formas diferentes (consumaÁ„o e tentativa). II - As atenuantes 20 (descobrimento do co-reu) e 23 (recuperaÁ„o dos objectos subtraidos) do artigo 39 do Codigo...
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