Acórdão nº 038171 de Supremo Tribunal de Justiça (Portugal), 22 de Janeiro de 1986 (caso NULL)
| Magistrado Responsável | VASCONCELOS DE CARVALHO |
| Data da Resolução | 22 de Janeiro de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIRM - CRIM C/PESSOAS.
Legislação Nacional: CPP29 ART666 ART667 N3. CPC67 ART712 N2. CE54 ART10 N3 ART58 N9 ART59 B ART61 N1 N2 D. CP886 ART86. CP82 ART43 N1.
Jurisprudência Nacional: AC STJ DE 1981/12/16 IN BMJ N312 PAG208.
Sumário : I - Comete o crime de homicídio involuntário do artigo 59 do C.E., o condutor de um veículo pesado que no fim de ultrapassar uma motorizada, retomou bruscamente a faixa direita da rodagem, cortado a linha de trânsito do velocípede com motor, fazendo com que este embatesse no veículo pesado, fosse projectado e tivesse morte. O condutor do veículo pesado provocou assim, por ter efectuado uma manobra perigosa, a morte do ocupante do velocípede. II - Em princípio, no crime de homicídio...
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