Acórdão nº 9051268 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1990
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 14 de Fevereiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART59. CP82 ART46 N1 ART72. DL 400/82 DE 1982/09/23 ART3 N2.
Jurisprudência Nacional: AC RP DE 1987/12/02 IN CJ ANOXII T5 PAG235. AC STJ DE 1985/05/28 IN BMJ N347 PAG214. AC STJ DE 1986/07/09 IN BMJ N359 PAG351 PAG363. AC STJ DE 1988/11/02 IN CJ ANOXIII T5 PAG5. AC RP DE 1986/05/18 IN CJ ANOXI T2 PAG207.
Sumário: I - Em acidente de viação de que resultou a morte duma pessoa e ofensas corporais graves noutra, não podendo desdobrar-se o juízo de censura em que se estrutura a culpa tantas vezes quantos os bens violados, há apenas um crime de resultado múltiplo em que se pune o mais grave, funcionando o outro como circunstância a atender na graduação da pena; II - O artigo 59 do Código da Estrada permite a distinção de dois tipos de homicídio: um caracterizado pela culpa grave ( 1º período ), este a supor sempre um dos requisitos indicados nas duas alíneas do 2º período; outro, em que a culpa...
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