Acórdão nº 040818 de Supremo Tribunal de Justiça (Portugal), 12 de Outubro de 1995 (caso NULL)
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 12 de Outubro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART10 N2 N3 ART14 N3 ART15 A ART22 N1 ART23 N2 ART74 N1 A ART131 ART132 N2 C.
Sumário : I - Com base na lei vigente, não se pode admitir a figura do dolo eventual no crime de homicídio tentado. II - A impossibilidade de existência de dolo eventual na tentativa não implica que os actos que lhe corresponderiam não continuem a constituir ilícitos criminais, uma vez que, em tais situações, o conceito de "dolo necessário" os compreende sem necessidade de recurso a qualquer interpretação analógica ou extensiva...
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