Acórdão nº 97P1229 de Supremo Tribunal de Justiça (Portugal), 28 de Janeiro de 1998 (caso NULL)
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 28 de Janeiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: M HENRIQUES S SANTOS IN CP NOTA AO ARTIGO 367 BMJ 290 PAG66. C FERREIRA IN LIÇÕES DE DIR PENAL VOL I PAG292.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/ESTADO.
Legislação Nacional: CP82 ART14 ART26 ART30 N2 ART71 ART72 N1 N2 ART410 N1 N3 ART411 ART425 N1. CP95 ART71 ART367 ART368 ART376.
Sumário : I - O favorecimento pessoal (artigo 410 do C.P.Penal de 1982) é uma espécie de encobrimento, punível autonomamente, tendo por elemento subjectivo o dolo específico - a "intenção" ou a "consciência" de que fala o preceito. II - Comete-o quem, por exemplo, der fuga ao agente de um crime, retardar a sua apresentação em juízo, fornecer provas falsas para o absolver ou atenuar-lhe a pena, etc. III - É um crime de resultado, como se vê do n. 3 daquele preceito. Assim, se...
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