Acórdão nº 047280 de Supremo Tribunal Administrativo (Portugal), 21 de Dezembro de 1994 (caso None)
| Magistrado Responsável | AMADO GOMES |
| Data da Resolução | 21 de Dezembro de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART22 ART23 ART72 ART73 ART74 ART131 ART132 N1 N2 A ART172. CPP87 ART410 N2 A ART426 ART435 ART436.
Sumário : I - No caso de crime tentado de homicídio qualificado em que o ofendido é filho do arguido, não se verifica a atenuante da "provocação injusta ou ofensa imerecida" quando a atitude provocatória partiu do arguido ao chamar "cabrão" ao filho, o que determinou este, imediatamente, a retorquir, chamando "chulo" ao pai. Apesar de estas duas expressões serem objectivamente ofensivas, apenas a conduta do ofendido teria atenuação nos termos do...
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