Acórdão nº 0408990 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1990
Magistrado Responsável | NOEL PINTO |
Data da Resolução | 24 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART22 ART23 N1 N2 ART74 N1 ART131.
Jurisprudência Nacional: AC STJ DE 1984/11/21 IN BMJ N341 PAG260. AC RC DE 1983/07/06 IN CJ T4 ANOVIII PAG70.
Sumário: I - Já na vigência do Código Penal anterior, quer a doutrina, quer a jurisprudência entendiam, pacificamente, que a intenção na tentativa era o dolo em qualquer das suas formas e assim deve ser entendido no Código Penal vigente; II - Na tentativa, o dolo é o mesmo que no crime consumado, não havendo lugar a qualquer distinção e no Relatório da Reforma Penal de 1984, o legislador afirmou expressamente que incluía nos artigos 10 e 11 a expressão intenção para afastar a punição por tentativa e frustração em casos de negligência; III - Daí que não obste à tentativa a actuação do agente a título de dolo eventual, sendo que a expressão do artigo 22, nº 1, do...
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