Acórdão nº 0032423 de Supremo Tribunal Administrativo (Portugal), 22 de Outubro de 1997 (caso None)
| Magistrado Responsável | SANTOS CARVALHO |
| Data da Resolução | 22 de Outubro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART32 ART142 ART147 N2. CP95 ART143 N3 A. CCIV66 ART496 N1.
Sumário: I - O facto de se ter de ficcionar, nas ofensas corporais recíprocas, na dúvida e atento o princípio "in dubio pro reo" que o arguido foi agredido em primeiro lugar e que só depois agrediu o agressor, não nos conduz a qualquer situação de exclusão de ilicitude, nomeadamente pela legítima defesa, pois esta pressupõe, para além da agressão iminente ou já consumada, o "animus deffendendi", ou seja, a vontade de se...
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