Acórdão nº 9840879 de Court of Appeal of Porto (Portugal), 05 de Maio de 1999
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 05 de Maio de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART22 B ART43 N1 ART48 N1 N2 ART72 ART205 N1. CONST92 ART32 N1. CP95 ART44 N1 ART50 N1 ART71. CPP87 ART1 N1 F.
Jurisprudência Nacional: AC STJ DE 1994/01/27 IN CJSTJ T1 ANOII PAG209.
Sumário: I - Os crimes de " atentado " e nomeadamente os de atentado ao pudor não admitem a forma de tentativa por a lei os considerar como consumados com a prática do primeiro acto de execução, independentemente de se vir a praticar ou não, na sua totalidade, o acto pretendido pelo agente. II - Traduz uma alteração substancial dos factos o facto de o arguido ter sido condenado por um crime de atentado ao pudor consumado quando, na realidade, foi acusado pelo mesmo crime na forma tentada, já que dessa alteração resulta a agravação do limite máximo da sanção aplicável. III - Tendo, porém, o arguido recorrente, tido a oportunidade de suscitar essa questão e produzir sobre a mesma as considerações achadas por convenientes no recurso, não se mostra violado o disposto no...
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