Acórdão nº 9740195 de Court of Appeal of Porto (Portugal), 14 de Maio de 1997
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 14 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART153 N3. CP95 ART152 N2.
Jurisprudência Nacional: AC STJ DE 1996/10/14 IN CJSTJ T3 ANOIV PAG170.
Sumário: I - A verificação do crime previsto e punido pelo artigo 153 n.3 do Código Penal de 1982 ( no Código Penal de 1995, previsto e punido pelo artigo 152 n.2 ) não exige uma conduta plúrima e repetitiva, isto é, a reiteração da conduta agressiva. II - A agressão com as mãos, de que resultou hematoma e doença por dez dias com incapacidade de trabalho, sendo a ofendida sua mulher e sabendo o arguido que agia sem qualquer motivo, apenas para satisfazer " as suas pulsões agressivas ", integra o crime de maus tratos do artigo 153 n.3 do Código Penal de 1982, a que corresponde, no essencial, o artigo 152 n.2 do Código Penal de 1995. III - A razão de ser da agravação que subjaz à redacção deste normativo é derivada da especial relação entre o agente e o ofendido, que cria naquele uma particular obrigação de não infligir maus tratos ao familiar, não se exigindo, para que o crime esteja...
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