Acórdão nº 1633/07.OJDLSB.L1-3 de Court of Appeal of Lisbon (Portugal), 30 de Setembro de 2009
| Magistrado Responsável | TELO LUCAS |
| Data da Resolução | 30 de Setembro de 2009 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: PROVIDO PARCIAL Sumário: I - Sendo o crime de incêndio do art. 272º C. Penal um crime de perigo comum e concreto, o agente tê-lo ia praticado sempre, tivesse ou não havido propagação do incêndio aos bens (dois autocarros) que estavam junto ao que foi inicialmente incendiado (minibus) pois a concretização do tipo acontece ex ante a essa propagação e independentemente desta.
II - A destruição parcial que se seguiu nesses bens (dois autocarros) mais não é do que o resultado do perigo objectivamente criado ele, sim, querido e previsto pelo agente.
III - Se assim é, se o resultado [dano] que ocorreu nos dois...
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