Acórdão nº 038964 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1987
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 17 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CE54 ART10 N1 N2 ART58 N9 ART59 B ART61 N1 N2 D. CP82 ART72 ART136 N2.
Jurisprudência Nacional: AC STJ DE 1981/10/21 IN BMJ N310 PAG184.
Sumário : I - Agindo o reu, condutor de um veiculo pesado, com culpa grave, decorrente de uma ultrapassagem ilegal, comete o crime descrito no artigo 59, alinea b), parte final, do Codigo da Estrada e não o do artigo 136, n. 2, do Codigo Penal. II _ Amnistiados os ilicitos contravencionais nos termos do disposto no artigo 1, alinea u), da Lei n. 16/86, de 11 de Junho, subsiste, todavia, a caracterização do crime do artigo 59, alinea b), in fine, do Codigo da Estrada; III - Quando a lei estabelece pena de prisão e multa correspondente, o tempo de multa a aplicar deve ser igual ao de prisão; IV - A medida de inibição de conduzir, a aplicar nos termos do disposto no artigo 61, n. 2, alinea d), do Codigo da Estrada, não deve ser imposta por tempo inferior ao da pena de prisão, não constituindo a sua agravação no tribunal...
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