Acórdão nº 045169 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1993 (caso NULL)
Data | 25 Novembro 1993 |
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 CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART30 N1 ART43 ART72 ART91 ART96 ART103 ART104 ART136 ART253 ART266 ART267 ART269 ART273 ART275 ART281. CE54 ART8 ART58 B ART61 N1 C. L 23/91 DE 1991/07/04. CPP29 ART667 N1 PAR1. CPP87 ART1 F ART409 N2 B.
Jurisprudência Nacional: AC STJ DE 1966/02/16 IN BMJ N139 PAG172. AC STJ DE 1970/06/24 IN BMJ N198 PAG91. AC STJ PROC44352 DE 1993/06/17. ASS STJ DE 1993/01/27 IN DR IS-A DE 1993/03/10.
Sumário : I - Resultando de um acidente de viação, com culpa do réu, a morte de 2 pessoas, verificam-se, em concurso ideal, dois crimes de homicídio involuntário. II - Nos crimes (dolosos) em que são ofendidos bens jurídicos eminentemente pessoais, o número de crimes conta-se pelo número de violação desses bens. III - A inibição do direito de conduzir tem a natureza de uma medida de segurança e, não deve ser inferior ao período de duração da pena privativa da liberdade, quando a haja. IV - O princípio do artigo 409 do Código de Processo Penal (reformatio in pejus) não proíbe que o Supremo Tribunal de Justiça possa, por omissão do Tribunal inferior, em decretar a...
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