Acórdão nº 038382 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1986
| Magistrado Responsável | ALVES PEIXOTO |
| Data da Resolução | 16 de Abril de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 N1 ART453 ART457 ART468. DL 40033 DE 1955/01/15 ART1. CPC67 ART137 ART712. CP82 ART131 ART132 N1 N2 C ART152 N1 A N2 B ART156 N1. CCIV66 ART349.
Jurisprudência Nacional: AC STJ DE 1983/10/26 IN BMJ N330 PAG398.
Sumário : I - Face ao texto actual do artigo 457 do Codigo de Processo Penal - na redacção que lhe foi introduzida pelo Decreto-Lei n. 40033, de 15 de Janeiro de 1955 - não e irregularidade silenciar-se na acta de audiencia de julgamento a pergunta, imposta no artigo 468 do mesmo Codigo, que se faz ao reu sobre se tem alguma coisa a alegar em sua defesa. II - Comete o crime de homicidio especialmente agravado pela futilidade do motivo descrito na alinea c) do n. 2 do artigo 132 do Codigo penal e não o de homicidio previsto no artigo 131 do mesmo Codigo quem - para exibir a sua superioridade perante os presentes - dispara tres tiros na direcção da...
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