Acórdão nº 035881 de Supremo Tribunal Administrativo (Portugal), 14 de Maio de 1980 (caso None)
Magistrado Responsável | ARELO MANSO |
Data da Resolução | 14 de Maio de 1980 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO.
LegislaÁ„o Nacional: CP886 ART34 N7 N10 N11 N16 N18 N22 ART39 N1 N23 ART94 N2 ART421 N2 ART432 ART435 N2.
Sum·rio : I - Se um reu praticar, como autor material, dois crimes: um de roubo, previsto e punido pelos artigos 432 e 435, n. 2, e outro de furto, previsto e punido pelo artigo 421, n. 2, todos do Codigo Penal; se a sua responsabilidade for agravada pelas seguintes circunstancias: quanto ao crime de roubo, as 7 (pacto), 11 (espera) e 18 (estrada) e, relativamente ao furto, pela mencionada 7, 10 (duas pessoas), 16 (entrada em casa do ofendido) e 22 (cometido em ocasi„o de desgraÁa particular da vitima, que tinha ido assistir ao funeral de uma filha) do artigo 34 do Codigo Penal; se a sua responsabilidade for so atenuada pelas circunstancias do bom comportamento anterior (1) e confiss„o de alguns factos com arrependimento (23) do artigo 39 do Codigo Penal; se, quanto ao crime de roubo, os pais do reu, bem como os de um co-reu, entregaram 5000 escudos ao ofendido respectivo, considerando que: o numero e valor das circunstancias agravantes e elevado quanto aos dois crimes; as atenuantes s„o poucas e pouco valiosas; n„o obstante este quadro, se usou da faculdade extraordinaria do artigo 94, n. 2, do Codigo Penal, quanto ao crime de roubo e condenou-se o reu, em cumulo juridico, na pena de 13 meses de pris„o, n„o e de suspender a execuÁ„o desta pena. II - Quando um reu invocar atenuantes...
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