Acórdão nº 0224764 de Court of Appeal of Porto (Portugal), 21 de Fevereiro de 1990
| Magistrado Responsável | LUCENA E VALE |
| Data da Resolução | 21 de Fevereiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART73 N2 N3 D.
Sumário: Justifica-se a concessão do benefício legal de atenuação especial da pena, de harmonia com o disposto no artigo 73, nºs 1 e 2, alínea d) do Código Penal, a uma ré que, embora autora material em concurso real de infracções, de um crime de subtracção e destruição de documentos ( artigo 231, nº 1 daquele Código ), outro de falsificação previsto e punido no artigo 228, nºs 1, alíneas a), b) e c), e 2 do mesmo diploma e um terceiro de usurpação de funções ( artigo 400, nºs 1 e 2 ), agiu com dolo que se pode considerar "esbatido" ou "desvanecido", uma vez que praticou os factos dominados pelo desígnio único de realizar os seus sonho e vocação de ser enfermeira, e, determinada por esse intento preparou-se intensamente em clínicas particulares sob a...
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