Acórdão nº 9321104 de Court of Appeal of Porto (Portugal), 02 de Fevereiro de 1994
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 02 de Fevereiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART46 N1. CE57 ART59 B.
Jurisprudência Nacional: AC RP DE 1990/01/10 IN CJ ANOXV T1 PAG247. AC RP DE 1986/05/18 IN CJ ANOXI T2 PAG207. AC RP DE 1986/05/14 IN BMJ N357 PAG490. AC RP PROC0406461 DE 1989/02/15.
Sumário: I - Face ao disposto nos artigos 3, nº 2 do Decreto-Lei nº 400/82, de 23/09 e 46, nº 1 do Código Penal, a multa oscila entre o mínimo de 10 dias e o máximo de 300 pelo que a correspondência a estabelecer com a prisão prevista no artigo 59 do Código da Estrada deve ser proporcionalmente reduzida dentro desses limites. II - No crime de homicídio involuntário com culpa grave e exclusiva do agente previsto e punido no artigo 59, alínea b) do Código da Estrada está contraindicada não só a substituição da prisão por multa como a suspensão da pena. III - No caso de homicídio involuntário cometido com culpa grave e exclusiva no exercício da condução, impõe-se que o réu seja inibido da faculdade de...
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