Acórdão nº 036396 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1982 (caso NULL)
Magistrado Responsável | JOSE LUIS PEREIRA |
Data da Resolução | 06 de Janeiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART5 N2 ART59. CP886 ART94. L 3/81 DE 1981/03/13 ART1 E O ART2 N3. CPP29 ART667.
Jurisprudência Nacional: AC STJ DE 1975/07/02 IN BMJ N249 PAG421. AC STJ PROC36231 DE 1981/06/11. AC STJ PROC36294 DE 1981/07/15. AC STJ PROC36419 DE 1981/12/16.
Sumário : I - Embora do acidente tenha resultado a morte de duas pessoas, so e possivel, porque se trata de actuação meramente culposa, formular ao agente um unico juizo de censura e imputar-lhe, assim, a autoria de um so crime de homicidio involuntario. II - Concorre a circunstancia agravante de ter resultado outro mal alem do mal do crime, consistente no homicidio de outra vitima, nas ofensas corporais e nos danos nos veiculos, a qual não deixa de se verificar mesmo em relação as ofensas corporais e danos amnistiados, pois a amnistia não apaga as consequencias resultantes com vista a verificação daquela agravante. III - Provadas apenas as atenuantes do bom comportamento anterior e da confissão dos factos, nenhuma delas tem o especial valor que possa justificar a atenuação extraordinaria da pena nos...
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