Acórdão nº 043699 de Supremo Tribunal de Justiça (Portugal), 31 de Março de 1993
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 31 de Março de 1993 |
Emissor | Supremo Tribunal de Justiça (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: CPP87 ART666. CE54 ART5 N2 ART7 N1 N3 ART593. CP82 ART72.
Jurisprudência Nacional: AC STJ PROC41223 DE 1990/10/17. AC STJ PROC41941 DE 1991/05/22. AC STJ PROC42593 DE 1992/04/01. AC STJ DE 1975/02/12 IN BMJ N244 PAG161.
Sumário : I - Para que ocorra o crime de homicídio involuntário previsto e punido pelo artigo 59 alínea b) do Código da Estrada é necessária a presença dos seguintes predicados: a) - O evento letal; b) - A culpa grave do agente, concretizada no excesso de velocidade ou na prática de qualquer manobra perigosa das enumeradas no artigo 61 n. 1 do Código da Estrada; c) - A existência de um nexo de causalidade entre a conduta culposa e grave do agente e o resultado ou evento letal. II - Comete o crime previsto no artigo 59 alínea b) o arguido que, conduzindo o seu veículo automóvel ligeiro de passageiros por estrada com traçado recto, com visibilidade superior a 100 metros e precedida de uma curva para a esquerda, com 7,60 metros e bom piso em...
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