Acórdão nº 0224116 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1990
| Data | 17 Janeiro 1990 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CP82 ART128 ART148 N1. CE54 ART58 N4 ART60 N1 A. CPP29 ART34. CCIV66 ART494 ART496. L 16/86 DE 1986/01/11 ART13 N2.
Sumário: I - À pena de prisão fixada em alternativa à pena de multa só é de aplicar o perdão do artigo 13, nº 2 da Lei nº 16/86, de 11 de Junho, depois de esgotada a possibilidade do pagamento voluntário ou coercivo. II - Em conformidade com a jurisprudência seguida nos tribunais, a inibição da faculdade de conduzir não deve ser inferior ao tempo de prisão aplicada ao delinquente, o que se justifica dentro dum critério de proporcionalidade entre a pena e a medida de segurança. III - Face ao Código de Processo Penal de 1929, impõe-se a fixação de indemnização cível em caso...
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