Acórdão nº 037425 de Supremo Tribunal de Justiça (Portugal), 04 de Julho de 1984
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 04 de Julho de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST - DIR FUND. DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CONST82 ART29 N4. CP886 ART34 N11 N28 ART39 ART84 ART94 ART349. CP82 ART2 N4 ART73 ART74 ART131.
Jurisprudência Nacional: AC STJ DE 1949/12/07 IN BMJ N16 PAG128. AC STJ DE 1960/02/23 IN BMJ N101 PAG531. AC STJ DE 1970/10/28 IN BMJ N200 PAG157. AC STJ DE 1971/02/24 IN BMJ N204 PAG90. AC STJ DE 1981/12/10 IN BMJ N312 PAG188.
Sumário : I - No crime de homicidio voluntario, o reu age com traição quando ataca a vitima pelas costas, por não deixar a mesma qualquer possibilidade de defesa, perdendo autonomia a circunstancia agravante da surpresa, que e o ataque improviso, apanhando descuidada a vitima e podendo fazer o agente beneficiar da impossibilidade de defesa desta. II - A circunstancia atenuante do bom comportamento anterior tem escassa relevancia quando esse bom comportamento não e superior ao comum e normal nas pessoas da classe do agente da infracção em identicas condições de vida e de cultura. III - A confissão da agressão e das circunstancias que a rodearam não e o mesmo que confissão do crime, ou seja, de todos os seus elementos constitutivos, designadamente da intenção de matar. IV - A epilepsia pode ser causa de inimputabilidade em relação a crimes cometidos durante alguma das manifestações de acesso, podendo ser causa de semi-imputabilidade fora...
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