Acórdão nº 036878 de Supremo Tribunal de Justiça (Portugal), 22 de Fevereiro de 1983
Magistrado Responsável | FERREIRA JUNIOR |
Data da Resolução | 22 de Fevereiro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP29 ART447. CP886 ART11 ART34 N10 N19 ART39 N1 ART103 ART104 N2 ART105 ART421 N4. CP82 ART2 N4 ART22 N2 ART23 N1 N2 ART24 ART27 N1 ART72 ART74 ART296 ART297 N1 N2 C H ART299. L 3/81 DE 1981/03/13 ART2 N1 D N3. L 17/82 DE 1982/07/02 ART5 N1 C ART7.
Sumário : I - Há tentativa quando o agente pratica actos de execução de um crime que decidiu cometer, sem que este chegue a consumar-se. II - A tentativa só é punível se ao crime consumado respectivo corresponder pena superior a 2 anos de prisão; a tentativa de furto qualificado é punida, com a pena aplicável ao crime consumado, especialmente...
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