Acórdão nº 9640281 de Court of Appeal of Porto (Portugal), 29 de Maio de 1996
| Magistrado Responsável | TEIXEIRA PINTO |
| Data da Resolução | 29 de Maio de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART32 ART33 ART107 ART109 N2.
Jurisprudência Nacional: AC RC DE 1989/10/25 IN CJ T4 ANOXIV PAG92.
Sumário: I - Não estando provado que a actuação do arguido visou repelir uma agressão actual e ilícita do ofendido, mas sim que aquele pretendeu ofender corporalmente o ofendido, afastado está o alegado excesso de legítima defesa já que esta pressupõe, igualmente como a legítima defesa, uma agressão actual e ilícita e o animus deffendendi. II - No n.2 do artigo 109 do Código Penal de 1982...
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