Acórdão nº 037770 de Supremo Tribunal de Justiça (Portugal), 26 de Março de 1985
Magistrado Responsável | JOSE LUIS PEREIRA |
Data da Resolução | 26 de Março de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP886 ART360 N5. CP82 ART48 N2 ART143 B C. CPP29 ART34.
Sumário : I - Comete o crime de ofensas corporais qualificadas (artigos 360, n. 5, do Codigo Penal de 1886, e 143, alinea b) e c), do Codigo Penal de 1982), e não o de homicidio tentado, o agente que, no decurso de uma discussão por causa de terras, vibrou uma pancada com o olho da enxada que empunhara na cabeça do ofendido, produzindo-lhe lesão que demandou 406 dias para sua cura e que afectou de maneira grave a capacidade para o trabalho do ofendido, criando uma situação de doença que pora em perigo a sua vida, uma vez que não se deu como provada a intenção de matar ou sequer que o reu previsse que da sua actuação pudesse resultar a morte e tal resultado lhe fosse indiferente. II - Não e de decretar a suspensão da execução da pena de 18 meses de prisão em que o reu foi condenado, pois o artigo 48, n. 2, do Codigo Penal não manda atender apenas a personalidade do reu (e, no caso, tratando-se de homem bem comportado, estimado e respeitado, de indole pacifica e boa formação moral, seria de concluir que a simples censura...
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