Acórdão nº 9341262 de Court of Appeal of Porto (Portugal), 18 de Maio de 1994
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 18 de Maio de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART144 N2 ART152 N2 ART97 N1 N2 ART69 N1. CONST82 ART30 N1. DL 37313 DE 1949/02/21 ART68.
Sumário: I - No artigo 144, n. 2 do Código Penal, contempla-se uma hipóteses de risco agravado, independentemente de uma efectiva criação de perigo, o que corresponde a uma previsão de perigo abstracto. II - A expressão meios particularmente perigosos equivale à expressão meios gravemente perigosos que se encontra no n. 2 do artigo 152 e deve abranger, por isso, e desde logo, as armas de fogo e as armas proibidas. III - Daí que se o arguido dispara uma arma de fogo contra as pernas da vítima, provocando-lhe doença e incapacidade para o trabalho por 180 dias, é de concluir que usou meio particularmente perigoso e a sua conduta cai na previsão do citado artigo 144, n. 2 do Código Penal. IV - No caso previsto nas conclusões anteriores, não é aplicável o artigo 69, n. 1 do Código Penal interditando o arguido de caçar e do tiro desportivo, já que tal norma não tem nada a ver com qualquer actividade de caça ou tiro desportivo, mas deve conexionar-se com exigências de especiais deveres e dignidade de exercício, ligadas a uma confiança geral necessária ao exercício da função e que sejam directamente postas em causa pelo crime e que seja em nome daquelas exigências que se torna necessária a existência de título, autorização ou homologação...
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