Acórdão nº 047246 de Supremo Tribunal de Justiça (Portugal), 06 de Março de 1996
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 06 de Março de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART410 N2 B ART433. CP82 ART20 N1 ART72 ART131 ART132 N2 C ART152 ART153 N1.
Jurisprudência Nacional: AC STJ DE 1992/10/14 IN BMJ N420 PAG412.
Sumário : I - Face ao artigo 20, n. 1, do C. Penal de 1982, a determinação da inimputabilidade está condicionada à existência de um pressuposto biológico - anomalia psíquica - e de um outro, psicológico - incapacidade para avaliar a ilicitude do facto ou determinar-se de acordo com essa avaliação. II - A lei não regulamenta para o caso de o arguido, não declarado inimputável, ainda ter capacidade para avaliar a ilicitude do facto e para se determinar de acordo com essa avaliação, não sensivelmente...
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