Acórdão nº 98P720 de Supremo Tribunal de Justiça (Portugal), 30 de Setembro de 1998
| Magistrado Responsável | MARTINS RAMIRES |
| Data da Resolução | 30 de Setembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP95 ART20 ART71 ART72 N2.
Sumário : I - A imputabilidade diminuída, embora, de um modo geral, deva logicamente, conduzir a uma atenuação especial da pena aplicável, não é legalmente reconhecida como uma situação, em si mesma, especialmente atenuante: a lei vigente nem sequer a inclui entre as circunstâncias elencadas no artigo 72, n. 2, do Código Penal de 1995. Não é, pois, com qualquer grau de diminuição da imputabilidade do agente que o tribunal pode/deve atenuar especialmente a pena. II - Da circunstância de o arguido sofrer de atraso...
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