Acórdão nº 9540855 de Court of Appeal of Porto (Portugal), 13 de Dezembro de 1995
| Magistrado Responsável | FERREIRA DINIS |
| Data da Resolução | 13 de Dezembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A INCRIMINAÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART136 N1 N2. CE54 ART59 A.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/03/10.
Sumário: I - Tendo sido o arguido acusado por crime do artigo 136 do Código Penal cometido no exercício da condução, não se procedeu a uma alteração substancial dos factos na pronúncia que se limitou a qualificar tais factos como constituindo o crime do artigo 59 alínea a) do Código da Estrada de 1954, sendo que todos os elementos factuais típicos do crime por que veio a ser prenunciado já constavam do libelo acusatório. Tendo porém sido revogado o Código da Estrada e não contendo o actual disposição idêntica ao do citado artigo 59, os factos indiciados terão de ser qualificados pelo então...
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