Acórdão nº 9250893 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1993
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 03 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR PROC PENAL. DIR PENAL - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART48 N2.
Jurisprudência Nacional: AC STJ DE 1983/03/24 IN BMJ N325 PAG413. AC STJ PROC41553 DE 1991/03/13. AC RP PROC9250259 DE 1992/10/14.
Sumário: I - O princípio do " in dubio pro reo " só se impõe ao juiz quando ficar na incerteza sobre os factos decisivos para a solução da causa e não quando da factualidade apurada emerge indubitavelmente que foi a conduta do arguido a causa do acidente e que não intercede qualquer nexo de causalidade entre o evento e o comportamento do ofendido. II - Se a actuação contravencional do arguido " se inscreveu mais num quadro de distracção paredes meias com a negligência inconsciente do que num quadro de temeridade a roçar pelo dolo eventual " - o que equivale a dizer que agiu com culpa grave e exclusiva mas não intensa ou grosseira -; se à data dos factos já...
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