Acórdão nº 0225744 de Court of Appeal of Porto (Portugal), 20 de Fevereiro de 1991
| Magistrado Responsável | CASTRO RIBEIRO |
| Data da Resolução | 20 de Fevereiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENçA.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIME C/PESSOAS.
Legislação Nacional: CPP87 ART374 N2. CP82 ART14 ART165.
Jurisprudência Nacional: AC STJ PROC36867 DE 1983/02/17. AC RC DE 1989/03/15 IN CJ T2 ANOXIV PAG84.
Sumário: 1. Tendo a sentença dado como provado que o arguido proferiu expressões de conteudo injurioso que não constavam da acusação e que por isso não se incluiam no " thema decidendum ", tais expressões não podem ser consideradas para efeito de eventual punição. 2. O elemento subjectivo do crime de injurias do artigo 165 do Codigo Penal basta-se com o dolo generico ( directo, necessario ou eventual ), que se caracteriza pela vontade da pratica do acto e a consciencia de que o mesmo ofende a...
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