Acórdão nº 073334 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1986 (caso NULL)
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 30 de Janeiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP29 ART154. CCIV66 ART503 N3. CE54 ART8 N1.
Jurisprudência Nacional: AC STJ DE 1985/12/17 IN BMJ N352 PAG329.
Sumário : I - Não se verifica a presunção do artigo 154 do Codigo de Processo Penal se a sentença absolutória da 1 Instancia não transitou em julgado, tendo antes transitado o acordão da Relação que se limitou a decretar a amnistia. II - Tendo ocorrido a colisão entre o velocipede e o auto- -pesado num cruzamento, mas ignorando-se se os dois condutores usaram das necessarias precauções e qual deles entrou primeiro no cruzamento, não e possivel concluir pela culpa efectiva de qualquer deles. III - A circunstancia de o ciclista sinistrado não ir equipado com capacete de protecção não basta para culpabiliza-lo, desde que se não faça a prova de que ele não teria falecido se usasse capacete. IV - Não havendo prova da culpa efectiva de qualquer dos condutores, ha que contar com a presunção de culpa do reu-...
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