Acórdão nº 9230894 de Court of Appeal of Porto (Portugal), 02 de Junho de 1993
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 02 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: EDUARDO CORREIA CASO JULGADO E PODERES DE COGNIÇÃO DO JUIZ.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART279. CE54 ART10 N4 N6 ART58 N9.
Jurisprudência Nacional: AC RC DE 1989/01/11 IN CJ ANOXIV T1 PAG74. AC RP DE 1988/01/06 IN CJ ANOXIII T1 PAG217. AC STJ DE 1986/04/30 IN BMJ N356 PAG159.
Sumário: I - O facto de um arguido ter sido condenado, com trânsito em julgado, num processo de transgressão por infracção aos nºs 4 e 6 do artigo 10 do Código da Estrada, não obsta a que se conheça da sua responsabilidade criminal por factos que parcialmente são coincidentes com os que serviram de base àquela punição, não se verificando, nessas circunstâncias, excepção de caso julgado; II - De facto, o Assento do Supremo Tribunal de Justiça de 23/07/1952 ( Diário do Governo de 06/08/52 ) encontra-se prejudicado pelo nº 9 do artigo 58 do Código da Estrada de 1954, onde se diz que " ... à punição pelos crimes acresce sempre a punição pelas contravenções que lhe sejam conexas... "; III - É pacífico o entendimento de que o crime previsto e punido pelo artigo 279 nº 1 do Código Penal - perturbação de transportes rodoviários - consubstancia um delito de perigo concreto, mas já não é pacífico o entendimento de que a condução perigosa de meio de transporte rodoviário seja susceptível de integrar a previsão do nº 1 do mesmo artigo no ponto em que nela se alude à prática de actos idóneos a causar desastre; IV - O artigo 279 do...
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