Acórdão nº 043799 de Supremo Tribunal Administrativo (Portugal), 19 de Maio de 1993 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 19 de Maio de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: L 3/82 DE 1982/03/29 ART1 ART7 B N3. CPP87 ART183 ART368. CONST89 ART29 N5. CPC67 ART500. CPP29 ART143 ART153. CP82 ART72 ART78. CE54 ART59 A ART60 A. L 23/91 DE 1991/07/04 ART14 N1 B N3.
Sumário : I - O caso julgado é uma excepção de conhecimento oficioso e, como tal, deve ser conhecido previamente (artigo 500 do Código de Processo Penal). II - O facto de o actual Código Penal não ter revogado as normas do Código Estrada em que são previstos crimes não significa que a medida das respectivas penas se determine fora do quadro ora vigente. III - Tendo o arguido praticado um crime da previsão do artigo 59, alínea a) do Código da Estrada (homícidio involuntário em estado de embriaguez determinante da parte de destreza), com culpa grave, e na ausência de circunstâncias atenuantes atendíveis, é adequada a pena de 2 anos de prisão situada no termo médio da...
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