Acórdão nº 042795 de Supremo Tribunal de Justiça (Portugal), 01 de Julho de 1992
Magistrado Responsável | NOEL PINTO |
Data da Resolução | 01 de Julho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART410. CP82 ART20 N1 N2 ART131 ART132 N1 N2 C G.
Sumário : I - Pratica o crime de homicídio qualificado do artigo 132 n. 1 e 2, alineas c) e g) do Código Penal, e não o de homicídio simples do artigo 131 do mesmo código, o agente que, invadiu propriedade alheia para apanhar caracóis e foi interpelado pelo dono do terreno para que o abandonasse e, atirando-se ao dono do terreno o deitou por terra e com uma pedra lhe bateu várias vezes na cabeça, prostando-o a sangrar, tendo abandonado o local. Porém ao aperceber-se que a vítima não tinha falecido e pode-lo-ia acusar voltou ao mesmo local, muniu-se de uma pedra "tipo calçada" e com ela desferiu dez valentes pancadas na cabeça da vítima até ter a certeza de a ter morto. II - O facto de sofrer de doença mental e ser considerado semi-imputável, não lhe tira na sua actuação, frieza de ânimo facto que faz qualificar o crime que praticou. III - O n. 2 do artigo 20 do Código Penal refere-se à semi-imputabílidade mas respeita apenas aos casos em que a capacidade para avaliar a ilicitude do facto ou para se determinar de acordo...
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