Acórdão nº 040908 de Supremo Tribunal de Justiça (Portugal), 20 de Novembro de 1991 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 20 de Novembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CPP87 ART402 ART410 N2 ART433. DL 333/83 DE 1983/06/14 ART2 A ART32 ART69 N3 N4 N6. CP82 ART66 ART73 N1 N2 B ART74 N1 A. CPC67 ART668 N1 C D. CCIV66 ART495 N1 ART570. L 23/91 DE 1991/07/04 ART14. RGU GERAL DO SERVIÇO DA GUARDA NACIONAL REPUBLICANA.
Jurisprudência Nacional: AC STJ PROC39570 DE 1989/02/07.
Sumário : I - Age em legítima defesa um soldado da G.N.R. que, ao presenciar, uma brutal cena de violência contra um agente da C.P. em serviço, dispara um tiro de intimação para um dos agressores, a fim de fazer parar a agressão. II - Mas já não age como tal quando dispara segunda vez, contra um dos agressores, desarmado e imobilizado, num momento já de acalmia, disparo esse que lhe causou a morte, cometendo, assim, crime de homicídio, mas beneficiando, dado o circunstancialismo que o envolveu de atenuação especial da pena prevista nos artigos 73 e 74 do Código Penal...
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