Acórdão nº 040055 de Supremo Tribunal de Justiça (Portugal), 31 de Maio de 1989 (caso NULL)
Magistrado Responsável | ALMEIDA SIMÕES |
Data da Resolução | 31 de Maio de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CP82 ART46 N1 ART48 N1 ART73. CE54 ART59 B. CPP29 ART666. CPC67 ART729 N3. L 82/77 DE 1977/12/06 ART30. L 38/87 DE 1987/12/23 ART29.
Jurisprudência Nacional: AC STJ DE 1985/05/28 IN BMJ N347 PAG214.
Sumário : I - O Supremo como tribunal de revista limita-se a aplicar aos factos materiais apurados, considerados suficientes, o regime juridico respectivo - artigos 666 do Codigo de Processo Penal de 1929, 30 da Lei n. 82/77, de 6 de Dezembro (hoje o artigo 29 da Lei n. 38/87, de 23 de Dezembro) e 729, n. 1, do Codigo de Processo Civil. II - Age com culpa grave o arguido que inicia a mudança de direcção do veiculo automovel que conduzia para a esquerda, numa arteria onde circulavam bastantes veiculos, sem verificar, como podia, se ia colidir com um velocipede com motor que entrava na rua de onde o arguido pretendia sair, provocando lesões determinantes da morte do condutor e de um passageiro do velocipede com o qual chocou. III - O contexto de inferencias consentidas por certa indeterminação probatoria orienta o julgador para uma hipotese de homicidio com culpa grave mas conjecturadamente...
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