Acórdão nº 9640559 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART14 N3 ART71 ART308 ART309 N1. CP95 ART212 N1. CPP87 ART316 N1 ART323 B ART327 ART340 N1 N2.
Sumário: I - No decurso da audiência de discussão e julgamento, apesar de não ter sido indicada pelas partes, o juiz pode ouvir uma testemunha de harmonia com o preceituado nos artigos 323 alínea b) e 340 n.1 do Código de Processo Penal. II - Comete um crime de dano simples ( e não agravado ) do artigo 308 n.1 do Código Penal de 1982 ( a que corresponde o artigo 212 n.1 do Código Penal de 1995 ), a arguida que pegou fogo a um amontoado de caixotes de madeira, o qual se propagou a algumas árvores pertencentes à ofendida, queimando-se, tendo aquela admitido a possibilidade de as chamas atingirem tais árvores, conformando-se com esse resultado, e actuando de forma livre e consciente. III - A agravação é de excluir porque o amontoado de caixotes de madeira a que arguida pegou fogo não pode considerar-se " substâncias inflamáveis ", não...
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