Acórdão nº 044560 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1993
Data | 23 Junho 1993 |
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 - TEORIA GERAL.
Legislação Nacional: CP82 ART30 N2 Sumário : I - A toxicodependência do agente, podendo eventualmente reduzir a culpa, na medida em que lhe afectar a liberdade de decisão e a própria capacidade para avaliar a ilicitude do seu proceder, não é, contudo, um elemento exterior a ele, uma circunstância exógena, pelo que não corresponde à exigência legal para o efeito de poder ser considerada como solicitação exterior, pressuposto essencial do crime continuado nos termos do artigo 30 n. 2 do Código Penal. II - Os crimes de furto e os de introdução em lugar vedado ao público constituem crime continuado quando forem praticados dentro de um condicionalismo ou situação exterior que facilitou a prática dos mesmos, tendo contribuído de forma considerável para atenuar a culpa do agente, até por...
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