Acórdão nº 9540731 de Court of Appeal of Porto (Portugal), 22 de Novembro de 1995
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 22 de Novembro de 1995 |
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 / CRIM C/PATRIMÓNIO. DIR TRIB - APOIO JUD. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CCJ62 ART195. CP82 ART59 N2 ART177 N1 N2 ART309 N3 B. CP95 ART60 N2 ART191 ART213 N1 C. DL 387-B/87 DE 1987/12/29. L 38/87 DE 1987/12/23 ART20 N1. DL 391/88 DE 1988/10/26 ART11 N1.
Sumário: I - Incorre na autoria de um crime do artigo 177 ns.1 e 2 ( introdução em lugar vedado ao público ) e de um crime do artigo 309 n.3 alínea b) ( dano agravado ), ambos do Código Penal de 1982, a arguida que, pretendendo entregar o lanche a um seu filho, entrou numa sala de uma escola primária, apesar de impedida pela professora que a informou não poder interromper a aula, e aí permaneceu algum tempo apesar de lhe ter sido ordenada a saída, período durante o qual desferiu várias pancadas num armário próprio para guardar material didático, pertença da escola, que sofreu várias amolgadelas cuja reparação ascende a 6.000 escudos, tendo procedido livremente, consciente da ilicitude da sua conduta; II - À configuração do crime de dano é apenas necessário o dolo genérico, bastando que o agente actue voluntariamente...
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