Acórdão nº 036825 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1982 (caso NULL)
Magistrado Responsável | ARELO MANSO |
Data da Resolução | 02 de Dezembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART94 N4 ART360 N4.
Sumário : I - A atenuação extraordinaria da pena, prevista no n. 4 do artigo 94 do Codigo Penal de 1886, pressupõe, pelo menos, uma atenuante de valor especial. II - Quer o bom comportamento anterior, desde que não seja superior ao das pessoas de idade do reu, quer a embriaguez de grau pouco elevado, não constituem atenuantes de valor especial. III - Sendo baixo o grau de exaltação ou resultando esta de uma situação criada pelo reu não pode atribuir-se-lhe valor excepcional. IV - O valor atenuativo da confissão dos factos depende, essencialmente, do seu contributo para a prova do crime. Dai que sendo este cometido num cafe e testemunhado por diversas pessoas, a confissão por parte do seu autor, ainda que completa e espontanea, não tem valor especial. V - Igualmente, e por maioria de razão, não tem esse valor se for parcial. VI - Não se verificando circunstancias que justificassem a atenuação extraordinaria da pena e existindo dolo...
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