Acórdão nº 9940672 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1999 (caso None)
Data | 20 Outubro 1999 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP95 ART69 N1. CPP98 ART283 N3 C ART308 N2 ART358 N1 ART379 B.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/03/10. AC TC N445/97 DE 1997/06/25 IN DR IS-A 1997/08/05.
Sumário: I - Pronunciado o arguido pelo crime de homicídio por negligência previsto e punido no artigo 137 n.1 do Código Penal, pelo qual veio a ser condenado em pena de multa e na proibição de conduzir por 4 meses face ao disposto no artigo 69 n.1 alínea a) daquele Código, por se ter entendido que os factos constantes da pronúncia e que foram dados como provados integravam o conceito de " grave violação das regras de trânsito rodoviário ", sendo, porém, que do despacho de pronúncia não consta essa imputação jurídica, deveria ter sido cumprido o n.1 do artigo 358 do Código de Processo Penal. II - O incumprimento deste último preceito, na parte referente à sanção acessória referida no artigo 69 n.1 do Código Penal, integra a nulidade prevista no artigo 379 alínea b) do Código de Processo Penal, o que acarreta a...
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