Acórdão nº 9610491 de Court of Appeal of Porto (Portugal), 23 de Abril de 1997
| Magistrado Responsável | MATOS MANSO |
| Data da Resolução | 23 de Abril de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART503 N3. CPP87 ART71 ART377 N1 N2.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N343 PAG184.
Sumário: I - A conduta negligente que dê causa a resultados típicos subsumíveis várias vezes ao mesmo tipo ou subsumíveis a vários tipos, integra um único crime correspondente ao resultado típico mais grave, sendo o crime agravado pelo resultado. Assim, se do acidente de viação ocorrido por culpa do condutor de um dos veículos automóveis intervenientes no acidente, resultarem a morte de uma pessoa e ferimentos em várias outras, foi cometido um crime de homicídio negligente agravado pelo resultado - as ofensas à integridade física das pessoas feridas no acidente. Mas sendo tais ofensas circunstância agravante do crime de homicídio involuntário, os pedidos de indemnização que as tenham por fundamento, são...
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