Acórdão nº 98P852 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1998
| Magistrado Responsável | DINIS ALVES |
| Data da Resolução | 29 de Outubro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP95 ART22 ART23 ART24 ART203.
Jurisprudência Nacional: AC STJ DE 1986/06/25 IN BMJ N358 PAG267. AC STJ DE 1991/05/15 IN CJSTJ ANOXVI T3 PAG16. AC STJ PROC40296 DE 1990/01/16.
Sumário : I - Para que haja "desistência da tentativa", não basta que o arguido deixe de prosseguir, materialmente, a execução do crime, por meras razões de estratégia, em face da dificuldade ou impossibilidade com que, sem contar, deparou na concretização do seu projecto criminoso ou por receio da intervenção de terceiros, designadamente, de agentes de autoridade. II - Com efeito, a desistência só é relevante se, por auto-inversão psicológica, o arguido, voluntária e...
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