Acórdão nº 97P1133 de Supremo Tribunal de Justiça (Portugal), 11 de Março de 1998 (caso NULL)
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 11 de Março de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART26 ART202. DL 15/93 DE 1993/01/22 ART24 C.
Sumário : I - Segundo o artigo 26 do CP, é autor quem executar o facto, por si mesmo ou por intermédio de outrem, ou tomar parte directa na sua execução, por acordo ou juntamente com outro ou outros, neste último segmento se prevendo a co-autoria, com as suas componentes subjectiva e objectiva: a) A componente subjectiva basta-se com o simples acordo tácito, com a simples consciência bilateral reportada ao facto global, com o conhecimento pelos agentes da cooperação recíproca; b) A componente objectiva requer a participação na execução do facto criminoso comum, devendo efectivar cada interveniente uma contribuição objectiva essencial para a consumação do tipo...
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