Acórdão nº 038495 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1986 (caso NULL)
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 25 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/PATRIMONIO. DIR PROC PENAL.
LegislaÁ„o Nacional: CP886 ART22 N2 ART34 N4 N15 ART55 N5 ART88 ART103 ART104 N1 ART125 PAR2 PAR4 N1 ART380 PAR1 ART421 N5. CP82 ART2 N4 ART27 ART48 ART74 N1 D ART117 N1 C ART118 N1 ART120 N1 C ART176 N2 ART297 N1 A N2 C H. CPP29 ART447 ART667.
Sum·rio : I - Quer no dominio do Codigo Penal de 1886, quer a luz do Codigo Penal vigente, existe concurso (real) entre os crimes de furto qualificado e de introduÁ„o em casa alheia, sempre que se verifiquem outras circunstancias qualificativas do furto. II - Para efeitos da alinea h) do n. 2 do artigo 297 do Codigo Penal de 1982, basta que a infracÁ„o seja praticada por duas pessoas. III - Mesmo n„o tendo sido expressamente acusado e pronunciado pelo crime de introduÁ„o em casa alheia, nada impede que o reu venha a ser condenado por essa infracÁ„o, desde que os factos constitutivos desse crime constem da acusaÁ„o e da pronuncia (...
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