Acórdão nº 96P016 de Supremo Tribunal de Justiça (Portugal), 21 de Março de 1996
Magistrado Responsável | ARAUJO ANJOS |
Data da Resolução | 21 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS. DIR CIV - DIR OBG.
Legislação Nacional: CPP87 ART127 ART410 N2 A C. CP82 ART22 ART23 ART73 ART74 ART131. CCIV66 ART483 ART487 N1 ART496 N1. CP95 ART72.
Sumário : I - Quando a matéria de facto assente caracteriza, sem a menor dúvida, o crime de homicídio simples, praticado na forma tentada, há que rejeitar os factos alegados pelo arguido recorrente que podiam caracterizar a legítima defesa ou o homicídio privilegiado, sob pena de contradição. Em suma, não estamos em face do vício da insuficiência pois que o tribunal se limitou a rejeitar a versão fáctica trazida aos autos pelo recorrente. II - Tendo o Colectivo considerado provada a intenção de matar mas este facto decorre naturalmente, como consequência lógica e conforme às regras da experiência comum, da...
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