Acórdão nº 9610797 de Supremo Tribunal Administrativo (Portugal), 03 de Junho de 1998 (caso None)
| Magistrado Responsável | MARQUES PEREIRA |
| Data da Resolução | 03 de Junho de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL / DIR ESTRADAL.
Legislação Nacional: CP82 ART48 ART136 N1. CE54 ART58 N9. CE94 ART38 N1 N2 A N4 ART138 ART135 ART141 ART148 E. CP95 ART69 N1 A.
Jurisprudência Nacional: AC STJ DE 1987/06/12 IN BMJ N368 PAG322. AC STJ DE 1989/03/23 IN BMJ N375 PAG223. AC RC DE 1993/09/15 IN CJ T4 ANOXIII PAG75.
Sumário: I - Condenado o arguido como autor de um crime de homicídio por negligência, com culpa exclusiva, da previsão do artigo 136 n.1 do Código Penal de 1982, na pena de 7 meses de prisão, justifica-se a suspensão da execução da pena pelo período de 5 anos por se tratar de deliquente primário, ser tido como pessoa bem comportada no meio social onde vive, ser condutor habitualmente prudente, exercer a profissão de operário fabril e ter havido acordo sobre o objecto do pedido cível, considerando-se os demandantes completamente indemnizados, sendo que não ocorrem circunstâncias agravantes da responsabilidade criminal. II - Não pode manter-se a condenação do arguido...
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