Acórdão nº 9610813 de Court of Appeal of Porto (Portugal), 22 de Outubro de 1997 (caso NULL)
Magistrado Responsável | MATOS MANSO |
Data da Resolução | 22 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CE54 ART60 N1 A. CP82 ART219. CP95 ART200. CPP87 ART409 ART427 ART432.
Jurisprudência Nacional: ASS STJ N2/93 DE 1993/01/27 IN DR IS-A 1993/03/10. AC TC N445/97 IN DR IS-A 1997/08/05.
Sumário: I - O crime de omissão de auxílio protege bens eminentemente pessoais ( a vida, a integridade física, a saúde, a liberdade ), pelo que o agente comete tantos crimes quantas as pessoas cuja vida, saúde ou liberdade ficarem em perigo por falta do seu auxílio. II - Se forem três as pessoas nessa situação, o arguido comete três crimes. Todavia, se a acusação e a pronúncia só lhe imputaram um e se, durante a pendência do processo na 1ª instância, a questão da deficiente qualificação não foi suscitada, não pode o tribunal de recurso conhecer dessa questão. Por um lado, porque, na sequência da declaração de inconstitucionalidade ( Acórdão do Tribunal Constitucional n.445/97 ) da jurisprudência obrigatória...
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