Acórdão nº 0016305 de Supremo Tribunal Administrativo (Portugal), 24 de Setembro de 1991 (caso None)
| Magistrado Responsável | CURTO FIDALGO |
| Data da Resolução | 24 de Setembro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART73 N1 N2 B ART133 ART142 ART145 N2 ART147.
Sumário: I - Comete um crime preterintencional o arguido que quis produzir na ofendida ofensas corporais simples, mas veio a causar-lhe ofensa lesiva de surdez mista, definitiva, com perda auditiva de 68 decibeis e 15 dias de doença com incapacidade para o trabalho, porquanto o resultado da sua prática delituosa foi além do "querido e projectado". II - O choque emocional é por essência repentino e violento, não sendo de admitir a existência de um intervalo, salvo reduzido, entre a emoção violenta e a acção. III - Agir exaltado não é bastante para preencher a previsão do artigo 133 do Código Penal. Torna-se necessário que ao estado de exaltação...
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