Acórdão nº 9350603 de Court of Appeal of Porto (Portugal), 13 de Outubro de 1993
| Data | 13 Outubro 1993 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. REVOGADA PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CE54 ART59 B II PARTE.
Jurisprudência Nacional: AC STJ DE 1986/07/01 IN BMJ N359 PAG396. AC STJ DE 1990/03/14 IN CJ ANOXV T2 PAG11.
Sumário: I - No crime de homicídio negligente com culpa grave e exclusiva previsto e punido no artigo 59 alínea b) "in fine" do Código da Estrada, está contraindicado não só a substituição da prisão por multa, como a suspensão da execução da pena, atentas as particulares exigências de prevenção que se fazem sentir. II - O fundamento da punição no crime é a culpa, enquanto a aplicação da...
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