Acórdão nº 041874 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1991
| Magistrado Responsável | MAIA GONÇALVES |
| Data da Resolução | 16 de Maio de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART15. CPP29 ART646 N4 ART666. CCIV66 ART503. DL 605/75 DE 1975/11/03 ART12.
Sumário : I - A responsabilidade objectiva foi arredada do direito criminal, não sendo possível a verificação de qualquer crime e consequente aplicação de uma pena sem a formulação de um juízo de censura, ao menor a título de negligência ou mera culpa. II - Num crime de homicídio por negligência, não é suficiente a afirmação de que houve culpa grave por parte do réu, tendo-se as instâncias fundamentado, tão só, na materialidade dos factos, para assim concluir. III - A verificação ou não verificação de negligência ou mera...
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