Relatório de estágio curricular no Juízo Central Criminal de Lisboa

• Autor(a) principal: Silva, Daniela Marques da
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/46497
• topic: Qualificação jurídica; Crimes sexuais; Concurso de crimes; Crime continuado; Crime de trato sucessivo; Legal qualification; Sexual crimes; Concursus delictorum; Continuing crime; Crime of successive treatment/execution; Direito

This report was written following a curricular internship in Tribunal Judicial da Comarca de Lisboa – Juízo Central Criminal de Lisboa, which lasted four months. In the course of that, it was possible to have direct contact with situations involving different types of crime and where several problems were raised. The report focuses on the issue of the legal qualification in sexual crimes, a subject that has been widely discussed in the doctrine and jurisprudence. First, it was made a brief allusion to sexual crimes, its historical evolution and its systematic localization. Subsequently, the concrete problem was analyzed, using the concepts of concursus delictorum, continuing crime and crime of successive treatment/execution, which were developed. In the report, these figures are compared, in order to reach a conclusion about when each one can be applied. After some legislative changes, it was determined that, in sexual crimes, it’s not possible to apply the continuing crime, applying instead the concursus delictorum. Regarding the crime of successive treatment/execution, it was concluded that there are different opinions as to whether or not it can be applied to those types of crime. Having no legal basis, it was discovered that this figure is often used when the actual number of sexual crimes that were committed can’t be determined.