Acórdão nº 97P608 de Supremo Tribunal de Justiça (Portugal), 05 de Novembro de 1997
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 05 de Novembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PROF EDUARDO CORREIA IN UNIDADE E PLURALIDADE DE INFRACÇÕES PAG346. JESCHECR TRATADO DE DERECHO PENAL PARTE GERAL TRAD ESPANHOLA PAG653.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP95 ART30 N2 ART50 ART172 N1.
Jurisprudência Nacional: AC STJ DE 1991/06/10 IN BMJ N409 PAG387. AC STJ DE 1983/02/17 IN BMJ N324 PAG447. AC STJ DE 1991/03/06 IN BMJ N405 PAG178. AC STJ DE 1998/01/22 IN BMJ N413 PAG217. AC STJ PROC46947 DE 1995/02/08.
Sumário : I - A continuação criminosa, para além dos pressupostos gerais do artigo 30, n. 2, do CP, não dispensa uma certa proximidade temporal entre os crimes que fundamentalmente protejam o mesmo bem jurídico. II - Sem essa proximidade temporal é impossível conceber o "quadro da solicitação de uma mesma situação exterior que diminua consideravelmente a culpa do agente". III - Quando o tribunal dá como provado que nos fins de Novembro, princípio de Dezembro de 1995, o arguido abordou uma menor de sete anos de idade a quem exibiu o pénis, metendo-lhe este na boca, e que iguais actos já...
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