Acórdão nº 035786 de Supremo Tribunal Administrativo (Portugal), 10 de Março de 1980 (caso None)
| Magistrado Responsável | BOTELHO DE SOUSA |
| Data da Resolução | 10 de Março de 1980 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP886 ART34 N18 N34 N35 ART39 N25 ART100 N1 ART101 ART391 PARUNICO ART394 ART395. CPP29 ART456 ART512 ART518 ART668.
Jurisprudência Nacional: AC STJ DE 1967/06/02 IN BMJ N164 PAG227. AC STJ DE 1967/07/05 IN BMJ N169 PAG141. AC STJ DE 1968/07/15 IN BMJ N180 PAG215. AC STJ DE 1970/12/09 IN BMJ N202 PAG98.
Sumário : I - Para a configuração do crime de violação, previsto no artigo 394 do Codigo Penal, não e exigivel a copula vaginal completa, bastando a copula vulvar com emissão seminal. II - Relativamente a esse crime constitui a agravante do artigo 395 do mesmo Codigo o transporte e deslocação da ofendida de um lugar para outro, com fim desonesto, por meio de fraude. III - Tal transporte e deslocação não pode funcionar como agravante nem assumir autonomia quanto ao crime de atentado ao pudor, previsto no artigo 391, paragrafo unico, do Codigo...
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