Acórdão nº 041189 de Supremo Tribunal de Justiça (Portugal), 28 de Novembro de 1990
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 28 de Novembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL.
LegislaÁ„o Nacional: CP886 ART421. CPP87 ART297 N1 A N3. CP82 ART22 N1 N2 ART23 N1 N2 N3 ART72 ART74 N1 C ART78 ART177 N1 ART296 ART297 N1 G N2 D E N3.
JurisprudÍncia Nacional: AC STJ DE 1954/11/03 IN BMJ N46 PAG209. AC STJ DE 1955/12/07 IN BMJ N52 PAG465. AC STJ DE 1962/03/21 IN BMJ N115 PAG261. AC STJ DE 1965/07/07 IN BMJ N149 PAG72. AC STJ DE 1969/10/15 IN BMJ N190 PAG246.
Sum·rio : I - A lei criminal exige os seguintes pressupostos para a observaÁ„o da tentativa do crime de furto: - decis„o por parte do agente de se apropriar de coisa movel alheia, para si ou para outrem; - que tal crime que o agente resolveu perpetrar n„o atinja a sua consumaÁ„o; - que o agente pratique actos de execuÁ„o; - que ao crime consumado corresponda pena superior a dois anos. II - No Codigo Penal de 1982, embora tenha desaparecido, de forma expressa e numerica, a referencia aos valores das coisas - objecto do crime - para efeitos da aplicaÁ„o das penas, n„o e menos certo que o valor continua a ser necessario n„o so para a qualificaÁ„o juridica dos factos, mas tambem para o doseamento da pena e ate do...
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