Acórdão nº 98P085 de Supremo Tribunal de Justiça (Portugal), 06 de Maio de 1998
Magistrado Responsável | PIRES SALPICO |
Data da Resolução | 06 de Maio de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP87 ART4 ART163. CCIV66 ART483 ART495 N2 ART569 ART805 N1 N2 B N3 ART806 N1 N2. CPC67 ART661 N2 ART668 N1 D ART715 N1. CP95 ART129 ART144 A ART146 N1 N2.
Sumário : I - É autor material do crime previsto e punido pelos artigos 144, alínea a) e 146, n. 1 e n. 2, ambos do Código Penal aquele que, com uma faca de cozinha de 24 cms de lâmina e intenção de ofender corporalmente, desferiu um golpe na região lombar da vítima, penetrando-lhe a cavidade abdominal e lacerando-lhe o baço, o que provocou doença, com incapacidade para o trabalho por 20 dias, deformidade notável derivada das cicatrizes cirúrgicas e amputação do baço. II - Constitui a atenuante da provocação, mas sem valor especial, o facto de a vítima, imediatamente antes, e no decurso de discussão exaltada, se ter dirigido ao agressor exibindo-lhe um canivete aberto, com 8 cms de lâmina. III - Nestas circunstâncias, é excessivamente benevolente a pena de três anos de prisão, suspensa na sua execução, sob condição de o arguido pagar a indemnização em que foi condenado. IV - Está bem fixada em...
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