Acórdão nº 048655 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1996 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 17 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART20 N2 ART23 N2 ART72 N1 ART73 N1 N2 A ART74 N1 ART78 ART131 ART132 N2 F G. CP95 ART2 N4 ART40 N1 N2 ART70 ART71 ART77. CPP87 ART89 N1 ART127 ART163 N1 N2 ART374 N2 ART379 A ART410 N2 A C N3 ART412 N2 A B. DL 401/82 DE 1982/09/23 ART4. DL 48/95 DE 1995/03/15.
Jurisprudência Nacional: AC STJ DE 1993/02/17 IN BMJ N424 PAG511. AC TC DE 1994/01/26 IN DR DE 1995/01/07.
Sumário : I - Quando os peritos não conseguiram formular um parecer "livre de dúvidas" no sentido da inimputabilidade do arguido, é deixada à responsabilidade do tribunal a decisão, sobre essa questão. II - Por isso, o tribunal não viola o disposto no artigo 163 n. 1 do C.P.P., quando decide que o arguido é portador de imputabilidade diminuida, no momento da prática dos factos. III - O n. 2 do artigo 20 do C.Penal não impõe, de modo nenhum, que deva ser declarado inimputável quem, por força de uma anomalia psíquica grave...
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