Acórdão nº 040552 de Supremo Tribunal de Justiça (Portugal), 16 de Janeiro de 1990 (caso NULL)
| Magistrado Responsável | JOSE SARAIVA |
| Data da Resolução | 16 de Janeiro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM.
LegislaÁ„o Nacional: CP82 ART43 ART48 ART71 ART72. CP886 ART86. CE54 ART10 N2 ART59 ART61 N2.
JurisprudÍncia Nacional: AC STJ DE 1967/05/31 IN BMJ N167 PAG415. AC STJ DE 1968/03/13 IN BMJ N175 PAG191.
Sum·rio : I - Em caso de excesso de velocidade ou manobra perigosa, embora o arguido e a vitima tenham concorrido para a eclos„o do acidente, verifica-se homicidio com culpa grave - artigo 59 alinea b) "in fine" do Codigo da Estrada. II - A n„o exclusividade de culpa funciona para efeitos de graduaÁ„o da medida de pena. III - O artigo 43, n. 1, do Codigo Penal preceitua que a...
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