Acórdão nº 9740859 de Court of Appeal of Porto (Portugal), 08 de Outubro de 1997 (caso NULL)
Magistrado Responsável | DIAS FERREIRA |
Data da Resolução | 08 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP95 ART26.
Jurisprudência Nacional: AC STJ DE 1984/07/18 IN BMJ N339 PAG276.
Sumário: I - Cada co-autor - e não está excluído o co-autor moral - é responsável, como se de autor singular se tratasse, pela respectiva acção típica; não há que fazer qualquer distinção sobre o meio que o autor mediato pode usar para determinar o autor imediato à execução do facto, apenas se exigindo que esse meio tenha potencialidade para determinar à acção o autor imediato. II - Face ao disposto no artigo 26 do Código Penal de 1995 é de concluir pela...
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