Acórdão nº 040645 de Supremo Tribunal Administrativo (Portugal), 21 de Novembro de 1990 (caso None)
| Magistrado Responsável | PEREIRA DOS SANTOS |
| Data da Resolução | 21 de Novembro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
LegislaÁ„o Nacional: CP82 ART43 N1 ART46 N3. CE54 ART10 N3 ART59 B ART61 N1. CPP29 ART667 N1.
JurisprudÍncia Nacional: AC STJ DE 1965/01/27 IN BMJ N143 PAG117. AC STJ DE 1966/02/16 IN BMJ N139 PAG172. AC STJ DE 1986/07/09 IN BMJ N359 PAG358.
Sum·rio : I - As circunstancias de o reu ser delinquente primario e de gozar de bom comportamento anterior n„o obrigou a substituiÁ„o da pena de pris„o por multa e suspens„o da execuÁ„o da mesma. II - O pagamento da indemnizaÁ„o pelos danos emergentes n„o tem o efeito de diminuir a culpa, por ser um dever do arguido ou da seguradora pagar a obrigaÁ„o civil da reparaÁ„o a quem ela tiver direito. III - Pratica o crime punido e previsto no artigo 59...
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