Acórdão nº 9710010 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1997
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 26 de Fevereiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART142 N1 ART151 N1 N2. CPP87 ART400 N2 ART403 N1 N2 A N3.
Jurisprudência Nacional: AC STJ PROC41250 DE 1995/10/19.
Sumário: I - Tendo-se provado que a arguida e a ofendida se envolveram em confrontos físicos, agredindo-se mutuamente, de que resultaram para a última diversas lesões corporais, tal materialidade integra a prática, pela arguida, do crime de ofensas corporais simples previsto e punido pelo artigo 142 n.1 do Código Penal de 1982. II - A economia do tipo de crime do artigo 151 n.1 do Código Penal de 1982 ( participação em rixa ) é totalmente diversas de um qualquer crime de ofensa corporal, de tal maneira que o agente desse crime pode nem sequer provocar qualquer lesão corporal. A punição que aqui se prevê é para a pessoa que " entra " na rixa de " outros ". III - Se do recurso sobre matéria penal resultar a substituição da absolvição por condenação, a absolvição sobre a matéria cível com base na não prova da parte crime terá que ser alterada em sede de recurso, ainda que limitado à parte crime, pela imposição do n.3 do artigo 403 do Código de Processo Penal. IV - A...
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