Acórdão nº 036886 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1983
Data | 09 Fevereiro 1983 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE / CRIM C/PATRIMONIO. DIR PROC CIV. DIR PROC PENAL.
Legislação Nacional: CP886 ART34 N19 N33 ART39 N21 N23 ART91 N1 ART94 ART464 N2. CP82 ART2 N4 ART30 N1 ART76 ART253 N1 ART309 N1. L 17/82 DE 1982/07/02 ART50 ART7. CPC61 ART653 N1. CPP29 ART667.
Sumário : I - O Supremo não pode censurar ilações que se mostrem logicas com as respostas aos quesitos. II - Uma mata não e necessariamente lugar ermo. Algumas situam-se dentro ou perto de povoados e outras são frequentadas por pessoas. III - Por fogo a uma coisa pode integrar concomitantemente o crime de dano do artigo 309, n. 1, e o de perigo comum do artigo 253, n. 1. Neste caso, as regras deste excluem as daquele, por mais fortemente sancionadoras da violação do mesmo bem juridico. IV - A conduta daquele que, voluntaria e conscientemente, põe fogo a uma mata, integrava, no dominio do Codigo Penal de 1886, o tipo de crime previsto no seu artigo 464, n. 2. V - No...
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