Acórdão nº 9510690 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1997
Data | 26 Fevereiro 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP82 ART23 N3 ART176 ART177 ART296 ART297 N2 C D N3 ART298 N2. CP95 ART22 ART23 ART72 ART202 C ART203 ART204 N1 N2 E N3 N4. L 15/94 DE 1994/05/11 ART 1 L.
Jurisprudência Nacional: AC STJ PROC39219 DE 1987/11/04.
Sumário: I - Na vigência do Código Penal de 1982, integraria a prática de um crime de furto qualificado, na forma tentada (artigo 297 n.2 alíneas c) e d)) e de um crime de introdução em casa alheia (artigo 176 n.2), a conduta do arguido consistente em se ter introduzido na varanda da casa de habitação do ofendido, situada ao nível do segundo piso, saltando do parapeito de uma janela de uma casa contígua, de noite, com o fim de se apoderar de uma garrafa de whisky que aí encontrasse, o que não conseguiu por haver sido surpreendido por aquele. II - O furto seria simples se o valor do objecto importasse o afastamento da qualificação nos termos do n. 3 do artigo 297 do Código Penal de 1982. III - Apesar de não se ter averiguado da existência ou inexistência da referida garrafa de whisky, a eventual inexistência deste objecto de que o arguido visava apoderar-se, configuraria uma tentativa impossível que nem por isso deixaria de ser punível face ao disposto no n. 3 do artigo 23 do Código Penal de 1982, já que essa inexistência não era...
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