Acórdão nº 036309 de Supremo Tribunal de Justiça (Portugal), 21 de Outubro de 1981 (caso NULL)
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 21 de Outubro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR CIV - TEORIA GERAL. DIR ECON - DIR TRANSP DIR RODOV.
Legislação Nacional: CP886 ART34 N31 ART39 N1 N3 ART84 ART86 ART94 ART482. CCIV66 ART122 ART130 ART496 N3 ART566 N3. CE54 ART7 N2 B ART58 N9 ART59 B.
Sumário : I - A amnistia de transgressões ao Codigo da Estrada e de crimes de dano puniveis com multa, prevista nas alineas o) e h) do artigo 1 da Lei n. 3/81, de 13 de Março, obsta a que se mantenham aquelas contravenções como delitos autonomos para efeito de lhes fazer corresponder uma multa e que se considerem aqueles danos como elementos tipicos de um concurso de infracções. II - Apesar da referida amnistia, os factos materiais (historicos) tipicos de um excesso de velocidade, originativo de um homicidio culposo, e os danos causados nas viaturas continuarão a ser considerados na caracterização do crime do artigo 59, alinea b), 2 parte, do Codigo da Estrada com a agravante do n. 31 do artigo 34 do Codigo Penal. III - Tendo o agente mais de...
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