Acórdão nº 041461 de Supremo Tribunal de Justiça (Portugal), 06 de Março de 1991
Data | 06 Março 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART120 ART169 ART374 N2 ART379 A ART435. CE54 ART59 ART60 N1 A. DL 400/82 DE 1982/09/23 ART3 N2. CP82 ART46 N1 N2 ART48 ART78 N2 N3. CCIV66 ART369. DL 522/85 DE 1985/12/31 ART32 N2. CPC67 ART664. DL 54/75 DE 1975/02/12 ART5 N1 N2 N3. DL 55/75 DE 1975/02/12 ART42 N1.
Sumário : I - O artigo 3, n. 2 do Decreto-Lei 400/82, de 23 de Setembro, alterou para os limites minimos e maximos, resultantes do artigo 46 do Codigo Penal, todas as penas de multa cominadas em leis penais, de duração ou quantitativo inferiores ou superiores as ai fixadas. II - Aquela medida não teve em vista apenas a pena de prisão em alternativa a de multa, dado que a lei e bem clara quando fala de multa e não na alternativa de prisão que lhe corresponde e da qual distingue aquela. III - Um dos pressupostos da suspensão da execução da pena, nos termos do artigo 48 do Codigo Penal e que essa medida baste para satisfazer as necessidades de repreensão e prevenção do crime. IV - A culpa grave de que fala o artigo 59 do Codigo da Estrada pressupõe que o condutor actue com excesso de velocidade ou faça manobras perigosas, ou ainda que exiba embriaguez completa ou incompleta, resultando o acidente de falta de destreza, atenção ou segurança provenientes daquele estado. V - O dolo, quanto ao crime de abandono de sinistrado e de intensidade acima da media e o grau de ilicitude aparece com maior incidencia no crime de abandono, pelo que, não havera lugar a medida de suspensão da...
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