Acórdão nº 9210894 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1993
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 03 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART142 ART143 B. CPP87 ART409.
Jurisprudência Nacional: AC STJ PROC40929 DE 1990/05/30. AC RP DE 1986/02/12 IN BMJ N354 PAG613.
Sumário: I - Provado que a ofendida sofreu, em consequência da agressão do arguido, lesões determinativas de 270 dias de doença com incapacidade para o trabalho e que continua a usar canadianas ou bengala para se locomover, não pode dar-se como preenchido o crime de ofensas corporais graves previsto e punido pelo artigo 143 alínea b), do Código Penal ( porque não ficou demonstrado que das lesões tenham resultado consequências com carácter definitivo ou que afectem grave e permanentemente as funções a que essa alínea se reporta nem que o dolo do agente se reporte ao resultado ), mas antes o de ofensas corporais simples previsto e punido pelo artigo...
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