Acórdão nº 048625 de Supremo Tribunal de Justiça (Portugal), 04 de Janeiro de 1996
Magistrado Responsável | ARAUJO ANJOS |
Data da Resolução | 04 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART48 ART297 N3 ART306 N2 A B N3 N4 N5. CP95 ART2 N4 ART71 ART77 ART210 N1.
Jurisprudência Nacional: AC STJ DE 1985/07/10 IN BMJ N349 PAG269. AC STJ DE 1992/11/25 IN BMJ N421 PAG234. AC STJ DE 1993/06/17 IN CJ ANO1 T2 PAG249.
Sumário : I - O crime de roubo é, estruturalmente, um furto qualificado; e, por sua vez, pode também ser qualificado em relação ao tipo fundamental, nos casos dos ns. 2, 3, 4 e 5 do artigo 306 do Código Penal. II - É qualificado pela alínea a) do n. 2, o roubo cometido com utilização de automóvel, ao qual os arguidos substituiram a matrícula, que serviu para se acercarem rapidamente...
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