Acórdão nº 047246 de Supremo Tribunal Administrativo (Portugal), 06 de Março de 1996 (caso None)
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 06 de Março de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL.
LegislaÁ„o Nacional: CPP87 ART410 N2 B ART433. CP82 ART20 N1 ART72 ART131 ART132 N2 C ART152 ART153 N1.
JurisprudÍncia Nacional: AC STJ DE 1992/10/14 IN BMJ N420 PAG412.
Sum·rio : I - Face ao artigo 20, n. 1, do C. Penal de 1982, a determinaÁ„o da inimputabilidade est· condicionada ‡ existÍncia de um pressuposto biolÛgico - anomalia psÌquica - e de um outro, psicolÛgico - incapacidade para avaliar a ilicitude do facto ou determinar-se de acordo com essa avaliaÁ„o. II - A lei n„o regulamenta para o caso de o arguido, n„o declarado inimput·vel, ainda ter capacidade para avaliar a ilicitude do facto e para se determinar de acordo com essa avaliaÁ„o, n„o sensivelmente...
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