Acórdão nº 9710607 de Court of Appeal of Porto (Portugal), 20 de Maio de 1998
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 20 de Maio de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: CPC67 ART668 N1 D. CCIV66 ART495 N1 N2 N3 ART566 N2 ART805 N3 ART806 ART2009. CPP87 ART119 ART120 N3 A ART338 N1 ART374 N3 B ART379 A.
Jurisprudência Nacional: ASS STJ DE 1993/12/02 IN DR IS-A 1994/02/11. AC STJ DE 1991/02/13 IN AJ N15/16 PAG6. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG86.
Sumário: I - A redução do pedido deve ser apreciada, pelo menos, na oportunidade referida no artigo 338 n.1 do Código de Processo Penal, não o tendo sido deverá ser tratado na sentença. II - A omissão da pronúncia a esse respeito importa nulidade de sentença nos termos do artigo 379 alínea a) do Código de Processo Penal, dependente de arguição pelos respectivos interessados por se tratar de nulidade sanável. III - Não tem relevo para efeito de atribuição de culpas o facto de o ciclomotorista, vítima de acidente de viação, não utilizar na altura o capacete de protecção, se da matéria de facto provada não se puder concluir ou supor que o seu uso teria evitado as consequências letais do acidente, ou seja que só por virtudeda sua não utlização as lesões assumiram gravidade bastante para conduzir à morte. IV - A medida da...
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