Acórdão nº 9230235 de Court of Appeal of Porto (Portugal), 13 de Maio de 1992
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 13 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/ESTADO.
Legislação Nacional: CP82 ART142 N1 ART144 N2 ART385 N1 ART437.
Sumário: I - A simples presença de dois dos arguidos na companhia dos três restantes, desacompanhada de outros elementos de prova coadjuvantes, não pode levar a inferir que tivessem tomado parte na agressão ou que com eles tivessem acordado na prática do crime. II - Reduzido a três o número dos intervenientes, o dolo de perigo presumido " juris et de jure " fica afastado por o nº 2 do artigo 144 do Código Penal exigir para tal o mínimo de quatro pessoas. III - Sendo o ofendido...
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