Acórdão nº 0310762 de Court of Appeal of Porto (Portugal), 19 de Dezembro de 1990
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 19 de Dezembro de 1990 |
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 / TEORIA GERAL.
Legislação Nacional: CE54 ART59. CP82 ART46 N1 ART72. DL 400/82 DE 1982/09/23 ART3 N2.
Jurisprudência Nacional: AC RP DE 1987/12/02 IN CJ T5 ANOXII PAG235. AC RP PROC0406461 DE 1989/02/15. AC RP DE 1989/03/08 IN CJ T2 ANOXIV PAG232. AC RP PROC0409280 DE 1990/06/20. AC STJ DE 1988/03/23 IN BMJ N375 PAG223. AC RP PROC0310611 DE 1990/11/07.
Sumário: I - O artigo 59 do Código da Estrada compõe-se de três periodos, o segundo deles parcialmente explicitado em duas definidoras alíneas, nele se distinguem dois tipos de homicídio: - um, caracterizado pela culpa grave ( primeiro período ), está a supor sempre um dos requisitos definidos em alguma das duas alíneas a) e b) ( segundo período ). - outro, em que a culpa assenta no excesso de velocidade ou na prática de manobras perigosas ( terceiro período ). II - A culpa grave tipificada na alínea b) pressupõe ( sempre ), além do mais nela referido, que o condutor seja " habitualmente imprudente ". III - O terceiro e último período do artigo não se considera integrado na alínea b). IV - Da conjugação do disposto no...
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