Acórdão nº 040928 de Supremo Tribunal de Justiça (Portugal), 23 de Maio de 1990
| Magistrado Responsável | FERREIRA VIDIGAL |
| Data da Resolução | 23 de Maio de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR PROC PENAL.
Legislação Nacional: CP82 ART72 ART78 ART201 ART202 N1. CPP29 ART175 ART498. L 16/86 DE 1986/06/11 ART13 N1 B N2 N3.
Jurisprudência Nacional: AC STJ DE 1954/97/14 IN BMJ N44 PAG169. AC RC DE 1974/12/11 IN BMJ N236 PAG202. AC STJ DE 1986/11/12 IN BMJ N361 PAG259.
Sumário : I - O artigo 498 do Código Penal de 1929 veda a formulação de quesitos sobre a doença mental do réu quando não se tiver procedido previamente ao seu exame por peritos, ou tendo-se procedido a exame, forem unânimes os pareceres dos peritos. II - Aquela disposição legal é um preceito de natureza manifestamente excepcional, e portanto insusceptível de aplicação analógica aos quesitos sobre doença mental do ofendido, o que não impede que a anomalia psíquica da vítima deva ser reconhecida através de adequado exame médico-legal, face à dificuldade de...
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