Acórdão nº 039770 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1988 (caso NULL)
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 14 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR ECON - DIR TRANSP DIR RODOV. DIR PROC PENAL.
Legislação Nacional: CP82 ART47 N3 ART136 N1 N2. CE54 ART5 N2 ART7 N1 ART14 N1 ART20 N1 ART58 N4 N5 ART59 B ART61. CPP29 ART448 ART666 ART667. L 16/86 DE 1986/06/11 ART13 N1 B N2.
Sumário : I - No caso de os factos constantes da acusação, correctamente qualificados, constituirem o crime do artigo 59, alinea b, parte final, do Codigo da Estrada, e permitida a convolação, com base em factos resultantes da discussão da causa, para o crime dos artigos 58 n. 4 do mesmo Codigo e 136 n. 1, do Codigo Penal. II - A medida de inibição de condução de veiculos automoveis não e abrangida pela proibição da reformatio in pejus, estabelecida pelo artigo 667 do Codigo de Processo Penal. III - A...
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