Acórdão nº 0008603 de Supremo Tribunal Administrativo (Portugal), 27 de Março de 1996 (caso None)
| Magistrado Responsável | DINIZ ALVES |
| Data da Resolução | 27 de Março de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART33 ART141 N1 ART153 N1 N3. L 28/84 DE 1984/08/14 ART16. DL 59/89 DE 1989/02/22 ART2. CPP87 ART77 N2 ART78 N1 ART118 N1 ART123 N1.
Jurisprudência Nacional: AC RL DE 1984/07/04 IN CJ ANOX T4 PAG132.
Sumário: I - Uma cabeçada é, na maioria dos casos, um meio perigoso e desproporcionado para repelir uma simples agressão à bofetada e com as unhas, integrando tal conduta o excesso de legítima defesa nos termos do art. 33 do CP. II - O crime de maus tratos entre cônjuges (art. 153, ns. 1 e 3 do CP82) exige o dolo específico...
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