Acórdão nº 96P1400 de Supremo Tribunal de Justiça (Portugal), 30 de Abril de 1997
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 30 de Abril de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: F DIAS IN CJ ANOXII TIV PAG52.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART22 ART23 ART73 ART131 ART132 N1 N2 G.
Jurisprudência Nacional: AC STJ DE 1990/06/06 IN CJ ANOXV TIII PAG21. AC STJ DE 1994/07/07 IN CJSTJ ANOII TIII PAG195.
Sumário : I - O homicídio qualificado previsto na alínea g) do n. 2 do artigo 132 do C.Penal prevê circunstâncias susceptíveis de revelarem especial censurabilidade ou perversidade, a frieza de ânimo, a reflexão sobre os meios empregados e a persistência na intenção de matar por mais de 24 horas, não se exigindo aí a verificação de todas as ditas circunstâncias, mas bastando só uma, pois a letra da lei revela tratar-se de alternativas. II - Comete dois crimes de homicídio qualificado na forma consumada e um outro na forma tentada, o arguido que, em acto seguido, sem interrupção, a tiros de pistola semi-...
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