Acórdão nº 9130714 de Court of Appeal of Porto (Portugal), 04 de Março de 1992
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 04 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO. ALTERADA A INCRIMINAÇÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPP29 ART56 ART57 ART447 ART663 ART667 PAR1 N1 N2. CP82 ART2 N4 ART48 N1 ART71 ART72 ART73 N1 ART160 N1 N2 B G N3 ART201 N1 ART297 N2 C D E G H ART306 N1 N2 A N5. DL 401/82 DE 1982/09/23 ART4 ART5 ART6. DL 78/87 DE 1987/02/17 ART7 N1. CPP87 ART409. L 17/87 DE 1987/06/01 ARTÚNICO. CONST89 ART18 N2 N3 ART29 N4 ART32 ART282 N3.
Jurisprudência Nacional: AC STJ DE 1980/10/03 IN BMJ N300 PAG145. AC STJ DE 1981/02/11 IN BMJ N304 PAG237. AC STJ DE 1983/11/09 IN BMJ N331 PAG300. AC STJ DE 1987/02/25 IN BMJ N364 PAG582. AC STJ DE 1989/02/15 IN BMJ N384 PAG407. AC STJ DE 1991/03/20 IN CJ T2 ANOXVI PAG12. AC RE DE 1986/11/11 IN CJ T5 ANOXI PAG307. AC TC DE 1988/06/29 IN DR IIS 1988/09/17. AC TC DE 1990/03/15 IN DR IIS 1990/07/17.
Sumário: I - Em relação aos processos instaurados antes da entrada em vigor do Código de Processo Penal de 1987 mantém-se o princípio da proibição da " reformatio in pejus " com a formulação constante do artigo 667 do Código de Processo Penal de 1929, que continua a ser aplicável, porque, não revestindo natureza ou dimensão material, não se suscita o problema da sucessão no tempo de leis processuais penais. II - Relativamente ao crime de violação, haverá co-autoria se tiver havido acordo entre os vários agentes na formação do projecto criminoso e se todos e cada um deles tiverem praticado a cópula com a ofendida, a quem dominaram com a sua presença agressiva e ameaçadora, incapacitando-a de resistir e afectando- -lhe a sua liberdade sexual. Neste caso, cada um dos agentes é autor de um crime de violação quanto ao acto de cópula que praticou e co-autor do crime de violação cometido por cada um dos restantes. III - Tendo logo a seguir à cópula dois dos arguidos...
Para continuar a ler
PEÇA SUA AVALIAÇÃOSubscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Os assinantes podem ver as versões revisadas da legislação com emendas
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.