Acórdão nº 044498 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1993
Magistrado Responsável | ALVES RIBEIRO |
Data da Resolução | 28 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART23 ART48 N2 ART78 N1 N2 ART228 N1 B N2 ART313 N1 ART317 N1 C N5. CPP29 ART663 ART666.
Sumário : I - O planeamento de um crime por várias pessoas reunidas em conjunto constitui uma decisão colectiva que responsabiliza cada uma das pessoas intervenientes. II - Assim, tendo havido lugar à execução do plano criminoso ou simples começo de execução, serão responsáveis como co-autores do crime todas as pessoas que participaram na elaboração do plano. III - Tendo sido proposta contra a ofendida uma acção executiva com base nas letras de câmbio que haviam sido falsificadas, para nessa mesma acção serem penhorados os bens do casal e posteriormente vendidos ou para, sob essa ameaça, ser a ofendida levada a renunciar ao seu direito de meação a favor do cônjuge e arguido, como acabou por fazer a troco de uma pequena compensação, verificam-se os elementos do crime extorsão. IV - Não se pode...
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