Acórdão nº 98P149 de Supremo Tribunal de Justiça (Portugal), 29 de Abril de 1998 (caso NULL)
Data | 29 Abril 1998 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART69 N2 C ART401 N1 B. CP82 ART15 ART136 N1 N2.
Sumário : I - Deve ser reconhecida a legitimidade do assistente, como recorrente, se, na motivação, para além da medida da pena, impugnar, também, a qualificação jurídica dos factos e se, não obstante questionar tal legitimidade, o Ministério Público, na resposta, manifestar, do mesmo modo, discordância com o decidido. II - A negligência simples consiste na violação do dever objectivo de cuidado ou dever de diligência, aferido por um homem médio. III - A negligência só deve ser qualificada de grosseira quando for grave a violação do dever de cuidado, de atenção e de prudência, grave omissão das cautelas necessárias para evitar a realização do facto antijurídico, ou seja, quando não se observou o cuidado exigido de forma pouco habitual ou não se observou o que, no caso concreto, resultaria evidente para qualquer pessoa. IV - O arguido que, tendo guardado, num saco, uma pistola de...
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