Acórdão nº 9411014 de Court of Appeal of Porto (Portugal), 19 de Abril de 1995
Data | 19 Abril 1995 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART22. CPC67 ART668 N1 D.
Sumário: I - Se os arguidos arrombaram a janela da portaria do edifício onde está instalado um Posto Médico e penetraram no interior com o objectivo previamente delineado de se apoderarem de todos os objectos e valores que aí viessem a encontrar e se, depois de terem remexido todas as gavetas e percorrido todas as dependências, abandonaram o edifício sem nada trazerem porque nada havia com valor comercial, cometeram um crime de furto qualificado sob a forma tentada, previsto e punido pelos artigos 296, 297 n.2 alíneas c), d) e h), 299, 22, 23 e 74 do Código Penal. II - Não se pode, com efeito, considerar o caso como de « tentativa impossível : porque a inaptidão do meio empregado ou a inexistência do objecto essencial à consumação do crime não são manifestas. A inidoneidade do meio e a carência do objecto têm de ser aferidos pelas regras da experiência comum ou da causalidade adequada, portanto, objectivamente, segundo o critério da generalidade das pessoas, e, como é óbvio, para estas é normal que, num Posto Médico, haja medicamentos, máquinas de escrever...
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