Acórdão nº 040120 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1989
Magistrado Responsável | ALMEIDA SIMÕES |
Data da Resolução | 05 de Julho de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART72 ART142 ART144 N1 ART145 N1. CPP87 ART358. CCIV66 ART483 ART494 ART495 ART496 ART562.
Jurisprudência Nacional: AC STJ DE 1971/03/17 IN BMJ N205 PAG150.
Sumário : I - Comete o crime de ofensas corporais agravadas pelo resultado (morte) ou crime de homicidio preterintencional previsto e punivel pelos artigos 145, n. 1 e 144, n. 1 do Codigo Penal, o reu que, podendo prever a morte da vitima, a empurra voluntaria e fortemente para tras, quando ambos se encontravam sobre um patamar, em cimento, que dava acesso a moradia da mesma, patamar este sem gradeamento ou qualquer outra protecção e que se achava a cerca de dois metros do solo, fazendo cair a vitima de costas e bater com a cabeça no pavimento alcatroado da rua, em resultado do que ela sofreu fractura do parietal direito, laceração da massa encefalica e hemorragia craniana que determinaram directa e necessariamente a sua morte. II - E adequada a pena de tres anos de prisão aplicada ao reu, tendo em conta o artigo 72 do Codigo Penal, e...
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