Acórdão nº 041607 de Supremo Tribunal de Justiça (Portugal), 29 de Maio de 1991
| Data | 29 Maio 1991 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART40 N1 N2 ART78 N2 ART132 N2 C E ART306 N1 N3 A. CP886 ART433.
Jurisprudência Nacional: AC RC DE 1984/04/26 IN CJ ANOIX T2 PAG80. AC STJ DE 1968/12/04 IN BMJ N182 PAG321. AC STJ DE 1974/12/18 IN BMJ N242 PAG175.
Sumário : I - O Codigo Penal de 1886 previa expressamente, no seu artigo 433, a incriminação do crime do roubo, concorrendo com o crime de homicidio; tal situação desapareceu no Codigo Penal vigente, situação que, na pratica, corresponde a concorrencia, em regime de acumulação ou concurso real dos citados crimes. II - O artigo 40, n. 2, do Codigo Penal...
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