Acórdão nº 042004 de Supremo Tribunal de Justiça (Portugal), 23 de Outubro de 1991
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 23 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CPP29 ART665 ART667. CE54 ART10 N2 N3 ART59 A B ART61 N1. L 23/91 DE 1991/07/04 ART14. CP82 ART46 N1 ART48 ART72 ART136. CCIV66 ART8 N3 ART9. DL 400/82 DE 1982/09/23 ART3 N2.
Jurisprudência Nacional: AC STJ PROC39821 DE 1989/01/25 IN BMJ N383 PAG302. AC STJ PROC41461 DE 1991/03/06.
Sumário : I - O condutor que provocou acidente de viação de que resulta a morte de outro condutor, por efectuar uma manobra perigosa, no caso, ultrapassagem de veículos sem os devidos cuidados, actuando com elevado grau de culpa, pratica o crime previsto no artigo 59 alínea b) do Código da Estrada, e não o do artigo 136 do Código Penal. II - A culpa grave promana da circunstância de haver sido praticada uma manobra perigosa. III - O preceito do artigo 3 do Decreto-Lei n. 400/82, de 23 de Setembro, é uma disposição genérica que nada consente que não abranja as multas cominadas no Código da Estrada. IV - A multa correspondente de que fala a parte final do artigo 59, alínea b), do Código da Estrada tem como limites superior e inferior os indicados no artigo 46, n. 1 do Código Penal. V - A graduação da multa faz-se de acordo com as mesmas regras que presidem à dosimetria da pena de prisão, isto é, por recurso aos artigos...
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