Acórdão nº 4648/2004-9 de Court of Appeal of Lisbon (Portugal), 18 de Novembro de 2004 (caso NULL)
Magistrado Responsável | ANA DE BRITO |
Data da Resolução | 18 de Novembro de 2004 |
Emissor | Court of Appeal of Lisbon (Portugal) |
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Os presentes autos têm a finalidade de dirimir um conflito negativo de competência suscitado entre o Tribunal Judicial de Sintra e o Tribunal Judicial de Oeiras.
No Proc. Nº 896/03.4TBSNT do 3º juízo criminal de Oeiras foi proferido despacho declarando a incompetência territorial desse tribunal, considerando competente para o efeito o Tribunal Judicial de Sintra.
Por seu turno, o 3º juízo criminal de Sintra declinou a competência para a tramitação do processo considerando competente para esse efeito o 3º juízo criminal de Oeiras.
Ambos os despachos transitaram em julgado.
Suscitado o conflito e dado cumprimento aos nºs 2 a 4 do art. 36º CPP, apenas o Sr. Procurador-geral adjunto neste Tribunal juntou o seu parecer que é no sentido do indeferimento do pedido de resolução do conflito e sua devolução a Oeiras por nenhum dos dois tribunais ser competente para conhecer o crime dos autos, por o ser o tribunal da comarca de Lisboa.
Colhidos os vistos, cumpre dirimir o conflito suscitado.
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Os autos iniciaram-se com a apresentação de queixa por CP - Caminhos-de-ferro Portugueses, contra (A), por ter sido encontrado a viajar sem qualquer título de transporte, entre Tercena-Barcarena e Queluz-Massamá, tendo sido informado de que deveria pagar 50€ numa Estação da Linha de Sintra, em oito dias, pagamento que não efectuou.
Diz o art. 19º, nº1 do CPP que é competente para conhecer de um crime o tribunal da área em cuja comarca se tiver verificado a consumação desse mesmo crime, Por seu turno, o art. 21º, nº1 do CPP disciplina que se o crime estiver relacionado com áreas diversas e houver dúvidas sobre aquela em que se localiza o elemento relevante para determinação da competência...
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