Acórdão nº 9640653 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PESSOAS / DIR ESTRADAL / TEORIA GERAL.
Legislação Nacional: CP82 ART48 N2 ART136 N1. CP95 ART40 N1 N2 ART50 N1.
Sumário: I - Resultando de um acidente de viação, causado por culpa exclusiva e gravíssima do condutor de um veículo automóvel, a morte de um ciclomotorista, a pena de 10 meses de prisão em que aquele foi condenado como autor de um crime de homicídio negligente previsto e punido no artigo 136 n.1 do Código Penal de 1982 não deverá ser declarada suspensa na sua execução, por a ela se oporem " as necessidades de reprovação e prevenção do crime ", fórmula que hoje se deve ter por actualizada pelas " finalidades da punição " ( artigos 48 n.2 do Código Penal de 1982 e 50 n.1 do Código Penal de 1995 ). II - " Estão aqui em questão, não quaisquer considerações de culpa, mas exclusivamente considerações de prevenção geral sob a forma de exigências mínimas e irrenunciáveis de...
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