Acórdão nº 041336 de Supremo Tribunal de Justiça (Portugal), 20 de Fevereiro de 1991
Data | 20 Fevereiro 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART27 N1 ART72 ART156 N1 ART157 N1 A ART160 N2 B G ART162 N1 N2 ART260.
Jurisprudência Nacional: AC STJ PROC40407.
Sumário : I - Constituiram-se co-autores materiais do crime de rapto previsto e punivel pelas disposições conjugadas dos artigos 160 n. 2 alineas b) e g) e 162 n. 1 e 2 do Codigo Penal os arguidos que: - privaram da liberdade a ofendida, sem o consentimento desta, pelo espaço de tempo de 48 horas. - com o fim de obterem um resgate, consistente em droga e dinheiro que, segundo o seu convencimento, era possuidor o marido da ofendida. - no decurso de tal periodo de tempo, os arguidos, para concretizarem o seu intento, iam munidos de armas proibidas, tendo em dada altura, um dos arguidos picado a ofendida numa das pernas com uma navalha de que ia munido, causando-lhe lesões que ocasionaram doença por um periodo de cinco dias com incapacidade para o trabalho. - e planearam apropriar-se da droga e do dinheiro, aguindo em todo o itenerario dos factos, em comunhão de esforços e de intenções na execução do dito plano por eles acordado e actuando deliberada, livre e conscientemente bem sabendo que as suas condutas eram reprovadas por lei. II - Embora a ofendida se tenha oferecido para acompanhar os arguidos, tal não significa que deu o seu consentimento, quando vem provado que o seu oferecimento para acompanhar os arguidos resultou de ver a sua casa invadida pelos quatro arguidos, armados de armas e o seu marido agredido por eles, ensanguentado e prostrado no...
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