Acórdão nº 048684 de Supremo Tribunal de Justiça (Portugal), 04 de Janeiro de 1996
Data | 04 Janeiro 1996 |
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. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CP82 ART72 ART86 ART107 N1 ART131 ART132 C F ART142 ART155 N2. CP95 ART132 N2 C F ART143 ART153 N2. CCJ62 ART85 N1 ART132 N2 C F ART188 N1 B ART194 N1 B ART195 N1. DL 423/91 DE 1991/10/30 ART13 N3.
Sumário : I - A gravidade da conduta do agente do crime de homicídio, a intensidade do propósito criminoso, o não saber controlar o comportamento quando embriagado, o não saber também evitar situações de embriaguez, são factores extremamente negativos a seu respeito e que só não conduziram à aplicação de uma pena relativamente indeterminada (artigo 86 do C.P.P., de 1982) por parte do estado de embriaguez ter resultado de uma actuação da própria vítima - seu irmão - ainda, que na execução do propósito louvável de o afastar de uma situação de briga com outra pessoa. II - Se uma arma - uma caçadeira - se destinava à prática de um homicídio ou...
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