Acórdão nº 9120049 de Court of Appeal of Porto (Portugal), 08 de Maio de 1991
Magistrado Responsável | LUIS VALE |
Data da Resolução | 08 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A SENTENçA.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE 54 ART7 ART58 N4. CP82 ART10 ART148. CPP87 ART163 ART410 N2.
Sumário: Num recurso restrito a materia de direito, pode- se conhecer da materia de facto, de harmonia com o disposto no n. 2, do art.410,do Cod. Proc. Pen., desde que haja erro notorio na apreciação da prova que resulte do texto da decisão, por si ou conjugada com as regras da experiencia comum. Constando do relatorio de autopsia que a morte da vitima foi devida a embolia pulmonar, e que, como efeito do acidente de viação que sofreu, lhe advieram fractura do terço proximal da tibia direita e fractura do maleolo peroneal direito, em consequencia do que foi engessada, a afirmação na sentença de que "por efeito da colisão, o sinistrado sofreu as graves lesões traumaticas descritas no relatorio de autopsia, que foram causa directa e necessaria da sua morte", constitui erro notorio na apreciação da prova, o que permite alterar a correspondente factualidade, sendo certo que ao Juiz e vedado, sem mais , divergir do juizo contido no parecer do perito constante do...
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