Acórdão nº 9610037 de Court of Appeal of Porto (Portugal), 13 de Março de 1996
Data | 13 Março 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: CITA FIGUEIREDO DIAS IN LIBERDADE CULPA DIREITO PENAL PAG248.
Área Temática: DIR CRIM - CRIM C/PESSOAS / DIR ESTRADAL.
Legislação Nacional: CE54 ART5 N5 ART13 N2 ART59 B PARTE FINAL. CP82 ART70 ART71 ART136 N2.
Jurisprudência Nacional: AC STJ DE 1961/01/21 IN BMJ N104 PAG417.
Sumário: I - Comete o crime de homicídio negligente com culpa grave, punido ao tempo no artigo 59 alínea b) 2ª parte do Código da Estrada, o condutor de veículo pesado de grandes dimensões que, em manobra de marcha-a-trás, que efectua sem se certificar de que daí não resulta acidente e sem recorrer ao auxílio dos seus ajudantes ( que se encontravam na cabine do veículo pesado ), atropela uma criança de 14 meses, que sofre lesões que foram causa directa e imediata da morte. II - Tendo, após o acidente, sido revogado o Código da Estrada, passou o crime a ser punido pelo artigo 136 do Código Penal de 1982, entretanto revisto pelo Decreto-Lei n.48/95, é de aplicar o regime do Código Penal de 1982 que é concretamente o mais favorável. III - De acordo com os critérios ínsitos nos...
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