Acórdão nº 9311366 de Court of Appeal of Porto (Portugal), 26 de Outubro de 1994
| Data | 26 Outubro 1994 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART59 ART61 N2. CP82 ART2 N2 ART136.
Sumário: I - O novo Código da Estrada entrou em vigor no dia 1 de Outubro de 1994 e, com ele, ficou revogado o de 1954, onde se inclui o seu artigo 59 que previa e punia o crime de homicídio negligente cometido no exercício da condução. II - Havendo que apreciar e julgar factos constitutivos daquele crime já depois da entrada em vigor do novo Código, coloca-se um problema de sucessão de leis no tempo, a resolver de acordo com o artigo 2, n. 4, do Código Penal. III - Estando o referido crime também previsto no artigo 136 do Código Penal, é de aplicar este preceito por se mostrar mais favorável ao arguido, tanto mais que, aí, se não prevê qualquer medida de...
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