Acórdão nº 98P276 de Supremo Tribunal de Justiça (Portugal), 13 de Maio de 1998
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 13 de Maio de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP95 ART204 N1 B. CPP87 ART120 N2 D.
Sumário : I - A perícia sobre o estado psíquico do arguido não é consequência automática de requerimento do interessado, competindo ao julgador ajuizar a prova pericial em causa se revela justificada ou imprescindível em cada caso concreto. II - Um "distúrbio emocional" resultante do falecimento de um ente querido, ocorrido anos antes da prática dos factos, não basta, segundo as regras da experiência, para constituir estados de inimputabilidade ou de imputabilidade diminuída, relevantes em matéria criminal. III - A falta do exame pericial não constitui nulidade insanável. IV - Como nulidade sanável (artigo 120, n. 2, alínea d), do CPP), deve ser arguida antes de o acto (audiência de julgamento) terminar. V - A toxicodependência não constitui causa desculpabilizante, nem mesmo atenuante geral, antes indicia falta de preparação para manter uma conduta lícita. VI - Embora...
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