Acórdão nº 038042 de Supremo Tribunal de Justiça (Portugal), 11 de Dezembro de 1985
| Magistrado Responsável | QUESADA PASTOR |
| Data da Resolução | 11 de Dezembro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART48 ART73 ART297. DL 401/82 DE 1982/09/23 ART4. CPP29 ART667.
Sumário : I - Pratica o crime de furto qualificado previsto e punido no artigo 297 do Código Penal quem se apropria para si de coisas alheias transportadas em veículos, de noite, penetrando em edificações com arrombamento e chaves falsas e com o consenso de duas pessoas. II - A aplicação do artigo 4 do Decreto-Lei 401/82 não é imediata: só há que tomar a medida de atenuação especial nela contida se o tribunal se convencer que é a melhor solução para a ressocialização do jovem delinquente. III - Só se houver circunstâncias que diminuam consideravelmente a ilicitude do facto e a culpa do agente é que se pode atenuar...
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