Questão jurídica principal
Whether participation in a rixe can concur with qualified simple bodily harm when the injured participant may have suffered only assault.
Decisão extraída
Yes. Article 133 CP punishes participation in the rixe itself, and it applies in ideal concurrence with bodily-harm offences under Articles 111 ff. or 122 ff. CP; it is irrelevant whether the injured participant suffered bodily harm or only assault.
Fundamentação extraída
Rixe is an independent offence aimed at the dangerous participation in a fight involving at least three active participants. The harmful result is a condition of punishability, not the protected conduct itself. Therefore the identification of the person who injured another does not exclude Article 133 CP.